EEOC Statistics

The EEOC has released a fascinating statistical chart depicting case filings on a state by state basis. Mississippi generated 1.8% of total charges and Louisiana 2.1%. Texas and Florida generated the most total charges, with California ranking third, despite a larger population. Of course California's state laws and state courts may provide a favorable environment for aggrieved employees thereby encouraging a bypass of the federal system.

Criminal records and the EEOC

Employers who use criminal records checks as a part of an employee selection process should review their practices in light of the EEOC's new guidelines on use of criminal records. FAQ's here.

Indigestion

Radaronline reports on a discrimination complaint filed against Celebrity Chef Paula Deen and her brother by a former manager alleging harassment. The allegations of the 123 paragraph Complaint are remarkable.

Motivating factor

Missouri lawmakers have passed a bill in the House which would amend the standard of proof of discrimination claims to more closely mirror a more restrictive burden of proof under the federal anti-discrimination laws. The bill would require plaintiffs to prove discrimination was a “motivating factor” – not simply a contributing factor – in the employer’s action. Several lawmakers are quoted as to their reasoning.

Same sex harassment and gender stereotyping

A new district court opinion out of Mississippi, Moore v. USG Corp., holds, in a same sex harassment context, the Fifth Circuit does not recognize a gender stereotyping theory of liability. The Court limits same sex harassment claims to three recognized models of proof (provided in the Supreme Court's Oncale decision). More after the jump (graphic facts)

Law firm as employer

Even law firms can be sued for discrimination.

Race and refereeing

Two ivy league economists claim in a new study the outcome of NBA games may be affected by the race of the referee. Their conclusion:

We find that players have up to 4% fewer fouls called against them and score up to 21⁄2% more points on nights in which their race matches that of the refereeing crew. Player statistics that one might think are unaffected by referee behavior are uncorrelated with referee race. The bias in foul- calling is large enough that the probability of a team winning is noticeably affected by the racial composition of the refereeing crew assigned to the game.

Discrimination Chicago style

A Chicago area owner of a lakefront mansion tried to save 80k on his property taxes by turning his racketball court into a chapel for his disabled wife and daughter, and claiming the home was an exempt church. (There is a picture of the "church"). Initially he qualified for the exemption. (He also became ordained on line.) So far its creative, and you almost pull for the taxpayer. But after the locals sued to reverse the Illinois Department of revenue's granting the exemption, said taxpayer sued claiming the locals only wanted Anglo-Saxon whites living there. The taxpayer is Armenian. Village attorney says the "accusations have no merit."

Holy discrimination bat men

The Economist has a straight-forward piece explaining the issues in the public university case before SCOTUS where a Christian Group is challenging university policy which forces the group to accept unrepentant gays into membership. And then there is the suit by the three bisexual baseball players who claim the Gay World Series discriminated against them.