Voluntary Resignation Due to Religious Beliefs Not Constructive Discharge

The Ninth Circuit has held a Jehovah's Witness who voluntarily resigned from a police academy because his religious beliefs prohibited him from saluting the flag was not "constructively discharged." The court held it was unreasonable for him to resign because his working conditions were not intolerable. Lawson v. State of Washington et al.

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Public Employee Letter Touching on Public Concern No Basis for Retaliation Claim

A commander in a sheriff's department who was demoted after writing a letter complaining about both public and private concerns which was read publicly could not sue for illegal retaliation. The court ruled that the department's administrative interest outweighed her right to free speech because her high-ranking position made her letter inherently more disruptive. Pool v. Vanrheen.

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Union Victories Overturned Due to Threats

The Fourth Circuit has ruled that threats issued by a pro-union employee invalidated an NLRB sponsored union election and has dissolved the NLRB's order that the company bargain with the union. In this case, the threatened employees reasonably believed the pro-union employees could jeopardize their jobs if they did not support the union, destroying the possibility of a free and fair election. NLRB v. Kentucky Tenn. Clay Co. The Eleventh Circuit refused to enforce an NLRB bargaining order because of a pro-union employee's retaliatory misconduct against another employee just days before a representation election even though the employee was not an agent of the union. Associated Rubber Co. v. NLRB.

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Teacher's Bias Claim Based on "Unreliable" Statistical Evidence Rejected

The Seventh Circuit upheld a ruling in favor of a school district where the plaintiff's expert statistical witness failed to use reliable statistics to show bias. The expert's comparison of the racial composition of the district to statewide and citywide data was inappropriate. The mere fact that a screening committee was all white also was held insufficient to show racial discrimination in hiring. Bennett v. Roberts.

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Seven-Day Presumption on Receipt for EEOC Right-to-Sue Letter

The Fifth Circuit has adopted a seven-day presumption of receipt of an EEOC right to sue letter where the date of actual receipt is unknown or disputed. Taylor v. Books A Million Inc.

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Two Female Job-Seekers Entitled to Back Pay From Joe's Stone Crabs

The Eleventh Circuit has ruled that two of four women deterred from applying as servers by a restaurant's all-male server policy were entitled to back pay. The EEOC first charged the restaurant with discrimination in 1991. The court awarded backpay to the two employees who took initial steps toward applying prior to the 1991 charge, but not to the two employees who took no such steps. EEOC v. Joe's Stone Crabs Inc.

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