A class action was filed against a high school alleging unlawful sex discrimination by providing female students with unequal opportunities in athletic programs, inequitable practice and competitive athletic, locker and storage facilities in violation of Title IX of the Education Amendments of 1972 [20 U.S.C. § 1681]. In opposing plaintiff’s opposition to partial summary judgment, […]
Conviction Reversed Because Prosecutor Was Discriminatory In Jury Selection.
A federal appellate court reversed the California state court murder conviction of a 17- year-old Hispanic boy, after concluding the prosecutor excused too many Hispanic jurors. Each side could excuse 20 potential jurors from the jury. Here, the prosecutor excused 12, and 7 of those 12 were Hispanic. The Ninth Circuit Court of Appeals concluded the prosecutor […]
Defendant’s Sexual Orientation Not Relevant; Conviction Reversed.
The woman defendant in a criminal trial was charged with molesting a six-year-old girl she babysat. She was convicted and sentenced to 16 years in prison. During closing arguments, the prosecutor repeatedly urged the jury to consider the defendant’s sexual orientation in deciding the truth of the charges against her. In reversing her conviction, the […]
“Third World Dentistry” Remark Not Sufficient For National Origin Discrimination.
Plaintiff is an Egyptian dentist who was enrolled in a two-year dental program at the University of the Pacific. Three months before graduation, the dentist was unsuccessful in inserting a crown. The head of the restorative dentistry program remarked, within hearing of faculty, students and patients, that the dentist’s clinical work was “Third World Dentistry.” […]
Summary Judgment Reversed In Sex Discrimination [Against Men] Case.
In 2006, the San Francisco Sheriff’s Department implemented a new policy prohibiting male deputies from supervising female inmates in the housing units of the jail operated by the County. In 2007, 35 deputies filed suit alleging the policy constitutes sex discrimination in violation of Title VII of the Civil Rights Act of 1964. The federal […]
Discrimination Allegations In Health Care To Deaf Woman.
Both husband and wife communicated through American Sign Language. The wife first went to a medical clinic in Nevada in 2007 and was told no sign language interpreter would be provided to interpret her communications with health care personnel. Each time she went to the clinic, she requested and was denied an interpreter. In late […]
Some Call It Democracy, Others Consider It Oppression.
In response to the United States Supreme Court’s 2003 decisions regarding Michigan university’s admissions policies, (Gratz v. Bollinger (2003) 539 U.S. 244, [123 S.Ct. 2411; 156 L.Ed.2d 257] and Grutter v. Bollinger (2003) 539 U.S. 982, [124 S.Ct. 35; 156 L.Ed.2d 694]), Michigan voters passed an initiative in 2006 adopting an amendment to its constitution […]
Sarbanes-Oxley Now Has Far Reaching Tenacles.
Petitioners/plaintiffs brought an action against their former employers, privately held companies that provide advisory and management services to a mutual fund company. The allegations are that after plaintiffs raised concerns about overstated expenses associated with operating the mutual funds, they suffered adverse actions. “No [public] company. . . or any officer, employee, contractor, subcontractor, or […]
Stay Tuned CNN.
The Greater Los Angeles Agency on Deafness sued the Cable News Network, CNN, in federal court under California’s Disabled Persons Act [DPA; Civil Code section 54 et seq.] because the network does not caption all of the videos on its news web sites. After plowing through several constitutional issues and procedural matters, the Ninth Circuit requested […]
Summary Judgment Reversed In Age Discrimination Employment Case.
From 1987 until she was discharged in 2008, at age 61, plaintiff worked at a hospital as a diet technician. She allegedly received the highest ratings until a new supervisor was hired in 2007 and thought plaintiff had numerous shortcomings on the job. In plaintiff’s employment action against the hospital, which included a claim of age […]
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