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Appellate Section
EMPLOYMENT DISCRIMINATION
(RACE, NATIONAL ORIGIN, SEX, AND RELIGION)

  • Antonelli v. New Jersey (3d Cir.) -- Appellee
    • This court does not have jurisdiction over FMBA's purported appeal
    • The district court correctly dismissed all of plaintiffs' claims against the State, and plaintiffs' claims against state officials for retrospective relief
    • The district court correctly awarded defendants summary judgment as to plaintiffs' claims pursuant to the consent orders and the July 1999 order entered in United States v. New Jersey
    • The district court correctly awarded defendants summary judgment as to plaintiffs' equal protection claims
    • The district court correctly awarded defendants summary judgment as to plaintiffs' procedural due process claims
    • The district court correctly awarded defendants summary judgment as to individual plaintiffs' claims pursuant to the Uniform Guidelines on Employee Selection Procedures

     
    Document Date 
    Brief as Appellee [Under Seal] 01/05/05
    Court of Appeals Decision [PDF], reported at 419 F.3d 267 08/17/05
  • Baker v. The Home Depot (2d Cir.) -- Amicus
    • The district court erred in ruling that Home Depot’s offer to schedule Baker to work later on Sundays was a reasonable accommodation

     
    Document Date 
    Brief as Amicus [PDF] 06/15/05
    Court of Appeals Decision [PDF], reported at 445 F.3d 541 04/19/06
  • United States v. Nassau County (2d Cir.) -- Appellee
    • The beneficiaries failed to show that they are entitled to any additional benefits under the Consent Decree, and, in any event, their claims are untimely
    • The district court did not abuse its discretion by barring the beneficiaries' claims under the doctrine of Laches
    • The district court did not abuse its discretion by precluding further discovery
    • The district court did not err in denying Margaret Cavanagh's application to consolidate her claims with the claims of the beneficiaries

     
    Document Date 
    Brief as Appellee [PDF] 06/27/03
    Court of Appeals Decision [PDF], reported at 352 F.3d 60 12/10/03
    Brief as Appellee [PDF] 02/09/05
    Court of Appeals Decision [PDF](unpublished), available at 175 Fed. Appx. 405 03/30/06
  • Wilkes v. Wyoming Dep't of Employment (10th Cir.) -- Intervenor
    • No Eleventh Amendment immunity to Title VII actions charging illegal discrimination on the basis of sex

     
    Document Date 
    Brief as Intervenor [PDF] 05/20/02
    Court of Appeals Decision [HTML], reported at 314 F.3d 501 12/23/02
  • Vadie v. Miss. State Univ. (5th Cir.) -- Intervenor
    • University is precluded from asserting an Eleventh Amendment immunity defense by law of the case
    • No Eleventh Amendment immunity to Title VII actions charging illegal retaliation for making Title VII complaint

     
    Document Date 
    Brief as Intervenor [PDF] 04/01/02
    Court of Appeals decision, reported at 218 F.3d 365 06/25/02
  • United States v. Jefferson County (11th Cir.) -- Appellee
    • Court of Appeals lacked jurisdiction over appeal of order interpretting consent decree provision
    • District court properly placed burden on intervenors to establish that job selection criteria had a racially adverse impact
    • District court did not clearly error in evaluating impact of job selection criteria by examining statistical evidence

     
    Document Date 
    Brief as Appellee [PDF] 10/30/01
    Appeal dismissed, unpublished 01/07/02
  • Culver v. City of Milwaukee (7th Cir.) -- Appellee
    • District court properly refused to grant class certification to plaintiff seeking to challenge hiring practices under consent decree between the United States and the City to address discrimination in the employment practices of  the Milwaukee police department
    • Judge did not err in refusing to recuse himself from the case
    • There were no grounds for consolidating this case with the United States' case against the police department

     
    Document Date 
    Brief as Appellee [HTML] [PDF] 06/18/01
    Court of Appeals decision [HTML], reported at 277 F.3d 908 01/15/02
  • United States v. Jefferson County (11th Cir.) -- Appellee
    • Court of Appeals lacks jurisdiction because the appeal is untimely
    • District court did not abuse its discretion in refusing to modify employement consent decree to require the City to statistically validate an employment test that has not been shown to have a discriminatory purpose or effect.

     
    Document Date 
    Brief as Appellee [HTML] [PDF] 05/20/01
    Court of Appeals decision, unpublished 05/06/02
  • Carrabus v. Schneider (2d Cir.) -- Appellee
    • Plaintiffs failed to state a valid claim under Title VII, the Constitution or state law in their challenge to a police department entrance examination developed pursuant to consent decree between the United States and the police department to eliminate prior racial and gender discrimination
    • Plaintiffs may not rely on state law to prevent implementation of a consent decree designed to remedy violations of federal law

     
    Document Date 
    Brief as Appellee [HTML] [PDF] 04/02/01
    Court of Appeals decision, unpublished 06/20/01
  • Lunnie v. University of Arkansas (8th Cir.) -- Intervenor
    • Title VII's prohibitions on race discrimination and retaliation are valid exercises of Congress' power to enforce the Fourteenth Amendment
    • No Eleventh Amendment immunity to Title VII actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 12/29/00
    Court of Appeals decision [PDF], reported at 255 F.3d 615 06/20/01
  • Okruhlik v. University of Arkansas (8th Cir.) -- Intervenor
    • Title VII's prohibitions on sex discrimination and retaliation are valid exercises of Congress' power to enforce the Fourteenth Amendment
    • No Eleventh Amendment immunity to Title VII actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 12/06/00
    Court of Appeals decision [PDF], reported at 255 F.3d 615 06/20/01
  • Holland v. New Jersey Dep't of Corrections (3d Cir.) -- Appellee/cross-appellant
    • District court did not abuse its discretion in modifying consent decree regarding racial harrassment of employees in the state prison system to extend the termination date, given the defendants' substantial noncompliance with the terms of the decree during the life of the decree
    • District court abused its discretion in extending the decree only ten months in light of four-year pattern of noncompliance

     
    Document Date 
    Brief as Appellee/Cross-Appellant [HTML]  [PDF] 10/16/00
    Court of Appeals decision [HTML], reported at 246 F.3d 267 04/04/01
  • Pawlowski v. Regents of the University of Colorado (10th Cir.) -- Intervenor
    • Equal Pay Act is valid exercise of Congress' power to enforce the Fourteenth Amendment
    • No Eleventh Amendment immunity to Equal Pay Act actions

     
    Document Date
    Brief as Intervenor [HTML] [PDF] 06/15/00
    Appeal dismissed, unpublished 08/22/00
  • Association of Mexican American Educators v. California (9th Cir.) -- Amicus
    • Title VII prohibits action by an employer directed not only at its own employees and applicants, but also activity that interferes with another's employer-employee relationship on grounds prohibited by Title VII
    • If a recipient of federal financial assistance is a public agency, all of its programs and activities or operations are subject to Title VI, without regard to the specific purpose of federal assistance
    • Broad definition of "program" in Civil Rights Restoration Act applies to Title VI discriminatory effects regulations

     
    Document Date 
    Brief as Amicus [HTML]  [PDF] 06/02/00
    Court of Appeals decision, reported at 231 F.3d 572 10/30/00
  • Downing v. Board of Trustees of Univ. of Alabama (11th Cir.) -- Intervenor
    • Title VII's prohibitions on same-sex sexual harassment and retaliation are valid exercises of Congress' power to enforce the Fourteenth Amendment
    • No Eleventh Amendment immunity to Title VII actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 05/17/00
    Court of Appeals decision [PDF], reported at 321 F.3d 1017 02/13/03
  • Hundertmark v. Watts (11th Cir.) -- Intervenor
    • Equal Pay Act is valid exercise of Congress' power to enforce the Fourteenth Amendment
    • No Eleventh Amendment immunity to Equal Pay Act actions

     
    Document Date 
    Brief as Intervenor [HTML] [PDF] 02/22/00
    Court of Appeals decision [HTML], reported at 205 F.3d 1272 03/07/00
  • Varner v. Illinois State University (7th Cir.) -- Intervenor
    • Equal Pay Act is valid exercise of Congress' power to enforce the Fourteenth Amendment
    • Title VII's prohibition on policies with unjustified disparate impact on the basis of sex is valid exercise of Congress' power to enforce the Fourteenth Amendment
    • No Eleventh Amendment immunity to Equal Pay Act or Title VII actions

     
    Document Date 
    Brief as Intervenor 12/02/97
    Court of Appeals decision, reported at 150 F.3d 706 07/21/98
    Opposition to Petition for Certiorari [HTML]  [PDF] 04/16/99
    Supreme Court remand order, reported at 528 U.S. 1110 01/18/00
    Supplemental Brief [HTML] [PDF] 04/03/00
    Court of Appeals decision [HTML], reported at 226 F.3d 927 09/06/00
    Opposition to Petition for Certiorari [HTML]  [PDF] 05/14/01
    Petition for Certiorari denied, reported at 533 U.S. 902 06/11/01


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Affirmative Action
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Title VI of the Civil Rights Act of 1964
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Updated July 25, 2008