Thursday, August 26, 2004
Wednesday, August 25, 2004
Steve Minor (SW Va. Law Blog) also points out this FLSA "cheatsheet" (pdf) produced by a private law firm.
Friday, August 20, 2004
The plaintiff, William Price, applied for a position with the National Institutes of Health in 1995, but was turned down. Feeling that he was more qualified than one of the candidates who was hired, he filed a complaint with the EEOC alleging discrimination. Several months later, he applied for a different position with the same employer. Again, he was turned down, and he filed a subsequent EEOC claim and lawsuit alleging retaliation. The District Court concluded that Price could not prove his prima facie case because Price was unable to demonstrate that the selecting official knew he had filed the EEOC complaint and, even assuming the existence of a prima facie case, because Price was unable to show the electing official’s reasons for not selecting him were pretextual.
The Fourth Circuit found that, although nine to ten months had passed between the filing of the EEOC complaint and the second failure to hire, Price had established a prima facie case of discrimination (albeit a weak one). However, in weighing the proffered legitimate, non-discriminatory reasons of the employer, the court found that Price’s pretext case was not sufficiently strong to create a jury question.
Specifically, the court found that the selecting official’s justification for not choosing Price was based on four factors. Price could only show that one of the four factors was false. Applying the decision of the United States Supreme Court in Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133 (2000), the Fourth Circuit held that “while ‘it is permissible for the trier of fact to infer the ultimate fact of [retaliation] from the falsity of the employer’s explanation,’ Reeves, 530 U.S. 147, it is axiomatic that the plaintiff must in fact provide sufficient evidence from which a reasonable trier of fact could find falsity.” In this case, Price failed to come forward with that sort of evidence.
In the final footnote, the court emphasized that although Reeves allows the plaintiff to survive summary judgment without presenting independent evidence of discrimination, it permits this only where the other evidence of discrimination is sufficiently strong to ensure that the employer is held liable for unlawful discrimination and not merely for inconsistent statements.
Wednesday, August 18, 2004
The article notes that Republican officials are considering filing an ethics charge. Unlike McGraw, Republican candidate Brent Benjamin wants to keep politics out of the race as much as possible, given the partisan nature of our judicial election process.
Tuesday, August 17, 2004
Looking through the archives of this blog, I notice that I still, to this day, capitalize Internet. Well, not anymore.
According to this article in Wired News, internet, web and net will no longer be capitalized after August 16, 2004. The reason is a good one: "... because there is no earthly reason to capitalize any of these words." I always liked Wired's straightforward explanations.
Sounds good to me. That's fewer keystrokes in my daily typing.
The slide show feature of Acrobat 6 is great for making basic PowerPoint-style presentations at trial. If your exhibits are already in PDF, it's simple to arrange the pages into a single PDF, add a few page transitions, display in full-screen mode (CTRL+L) and come out with a presentation that looks very polished.
Wednesday, August 11, 2004
Wouldn't it be nice if all of the government agencies did something like this?
Labor Dept. Website Announces Topical E-Mail Updates
"The U.S. Department of Labor (DOL) today announced a new effort to expand website usage with the introduction of an e-mail subscription management system...The department will be rolling out the system in phases with the first including several major agencies in addition to the Office of the Secretary and other information available from the DOL homepage. Initially, there will be 99 initial subscription options across 15 categories." [Link]
Department of Labor updates by e-mail