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12/18/2008

Municipal Lawyer: The Court's Employment Law Rulings and a Look Ahead

Larry Lee, Of Counsel in Baker Hostetler's Denver office, authored an article, "The Court's Employment Law Rulings and a Look Ahead," which was published in the November/December 2008 edition of Municipal Lawyer, a publication of the International Municipal Lawyers Association.

Lee's article summarizes the "U.S. Supreme Court's noteworthy decisions for public employers" in 2008:

  • Class-of-One Claims (Enquist v. Oregon Dep't of Agric.)
  • Retaliation (CBOCS West Inc. v. Humphries and Gomez-Perez v. Potter)
  • Age Discrimination (Kentucky Retirement Sys. v. E.E.O.C.; Fed. Express Corp. v. Holowecki; and Meacham v. Knolls Atomic Power Lab)
  • "Me, Too" Evidence (Sprint/United Mgmt. Co. v. Mendelsohn)

Lee's article also looks ahead to the upcoming docket for the Supreme Court, noting "one case—in which the Court considers whether Title VII protects an employee who was terminated after she cooperated with an employer's internal investigation by reporting sexual harassment—will greatly impact all public and private sector employers. Over the past decade, the legal expansion of an employee' ability to claim retaliation, as recently displayed in the CBOCS and Gomez-Perez decisions, appears to remain a top priority for the Supreme Court."