One of the best ways to predict this year’s trends in discrimination litigation is to examine last year’s charge statistics from the EEOC and the Iowa Civil Rights Commission. Any person who claims a violation of the state or federal anti-discrimination laws must first file an administrative charge with one or the other of these agencies.
The DOL’s Lawyer Referral Arrangement with ABA Not Likely to Help Employers or Employees
On the Friday before Thanksgiving, Vice-President Biden announced at a Middle Class Task Force event the creation of a collaboration between the U.S. Department of Labor and the American Bar Association. According to the press release associated with the event, the purpose the collaboration is to “help workers resolve complaints received by DOL’s wage
Iowa Jury Finds for Plaintiff in Gender Sterotyping Case
A jury in the U.S. District Court, Southern District of Iowa recently returned a verdict in excess of $50,000 to a female plaintiff alleging sex discrimination based upon gender stereotypes. The plaintiff, who was a night auditor at a hotel, claimed she was terminated because she was more masculine than a typical female employee. She
Supreme Court to Hear Three Employment Cases This Term.
Last week the U.S. Supreme Court kicked off its 2010-2011 term. There are at least three cases this term of interest to employment lawyers. The Delaware Employment Law Blog had three excellent postings (here, here, and here) analyzing the cases in some detail. All three cases address important questions concerning the scope
Eighth Circuit Once Again Reviews Age Discrimination Burden of Proof–This Time Under ICRA
Age discrimination cases tried in the Southern District of Iowa continue to generate controversy over how juries should be instructed about the plaintiff’s burden of proof. First it was Gross v. FBL Financial Services, Inc., tried in the Southern District and ultimately decided by the U.S. Supreme Court in June 2009. Then it was
Should Employers Try More Cases Before Juries?
According to a post in the WSJ Law Blog, jury trials of civil cases in the federal system has virtually disappeared. In 1962 11.5% of federal civil cases were tried, compared to only 1.2% in 2009.
The subject of the vanishing jury trial has been discussed among lawyers for at least the past decade, if
U.S. District Court in Iowa Imposes $4.5 Million Sanction against EEOC
On February 9, 2010, U.S. District Judge Linda Reade ordered the Equal Employment Opportunity Commission (link courtesy of Ross Runkel) to pay Cedar Rapids based CRST Van Expedited $4.5 million in attorney’s fees and costs it incurred to defend itself against a meritless sexual harassment lawsuit.
The action started in 2005 when a CRST employee
Summary Judgment: Myths and Realities
"Is Summary Judgment in Employment Cases a Myth"? So ask attorneys Teresa Ride Bult and Kate Summers in an excellent article published last month in Law 360.
The authors contend it is becoming more difficult for employers to win on summary judgment, 
particularly in state court. Nonetheless, they believe the benefits of filing a
2009: The Year in Review
This is the time of year for reflection–when we look back on what happened during the past year, 
and look ahead to the coming year. There are many commentaries and opinions on what was good and bad about 2009, but there is no doubt it was an eventful year for those of us in the labor and employment law
Gross v. FBL Remand: Eighth Circuit Considers Additional Issues
On November 30, 2009, the U.S. Court of Appeals for the Eighth Circuit issued an opinion on the remand of Gross v. FBL Financial Group, Inc. We have discussed the Gross case in several previous posts (here, here, and here). The case has particular local interest because it was tried in