Supreme Court grants cert in 4 employment cases

Today, the US Supreme Court granted certiorari in 4 employment cases, one in which the EEOC is a party. Some information on these cases follows:

No. 06-1321, Gomez-Perez v. Potter, 476 F.3d 54 (1st Cir. 2007).  Whether the federal-sector provision of the Age Discrimination in Employment Act, 29 U.S.C. § 633a, prohibits retaliation against employees who complain of age discrimination. (The plaintiff, a USPS employee, is represented by Joseph Guerra of Sidley Austin, which may be a pro bono representation; the Postal Service is represented by the Solicitor General's office; AARP has already filed an amicus brief).

No. 06-1431, CBOCS West v. Humphries, 474 F.3d 387 (7th Cir. 2007).  Whether a race retaliation claim is cognizable under 42 U.S.C. § 1981. (Plaintiff, who prevailed below, is represented by Cynthia Hyndman of Chicago. The Seventh Circuit rejected prior circuit decisions, and adopted the reasoning of other circuits in holding that a retaliatory discharge, based on advocating the rights of others in the workplace, could be brought under Section 1981).

No. 06-1037, Kentucky Retirement System, et al. v. EEOC, 467 F.3d 571 (6th Cir. 2006) (en banc) (The sharply divided Sixth Circuit, en banc, held that disability retirement system for state and county employees was facially discriminatory and violated ADEA).

No. 06-1463, Preston v. Ferrer (Cal. Ct. App. 2d Dist. Oct. 30, 2006) Somewhat esoteric, involving a fee dispute between an actor ("Judge Alex," i.e., Alex Ferrer) and his agent, and may be unique to California law issues.

Alan R. Kabat