Discrimination

Fired lab worker loses discrimination appeal

July 13, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed summary judgment for an Indiana laboratory after finding a former employee failed to prove his employment termination was based on his age and his filing of two claims with the Equal Employment Opportunity Commission.
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Court declines to rehear sex orientation discrimination case

July 6, 2017
 Associated Press, IL Staff
A federal appeals court has declined to reconsider its own ruling that employers aren't prohibited from discriminating against employees because of sexual orientation.
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For lawyers, competency issues differ based on age

June 28, 2017
Olivia Covington
When a group of Indiana lawyers was asked who had ever faced age-related discrimination at work, whether for being too young or too old, nearly half the hands in the room went up.
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Court must revisit issue of prospective juror’s demeanor in Batson challenge

June 20, 2017
Olivia Covington
The Marion Superior Court must revisit the issue of whether a prospective juror’s body language made his dismissal appropriate after the Indiana Court of Appeals decided Tuesday it would be inappropriate to credit the state’s assertion without findings that the dismissal was not based on race.
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Sexism, ageism focus of small, solo conference session

June 2, 2017
Olivia Covington
Though outward expressions of discrimination against certain types of attorneys in court may have diminished over the years, each attorney, litigant, juror and judge who enters a courtroom brings with them their own set of implicit biases.
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Title VII sexual orientation cases bubbling in federal courts

June 1, 2017
Marilyn Odendahl
As the U.S. District Court for the Northern District of Indiana continues with its first case allowing a Title VII claim on the basis of sexual orientation, the 2nd Circuit Court of Appeals is preparing for an en banc rehearing to consider whether Title VII prohibitions include sexual orientation discrimination.
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Car dealer Dreyer & Reinbold facing discrimination suit

May 16, 2017
Indianapolis Business Journal
Luxury automobile dealership Dreyer & Reinbold Inc. is facing a federal trial after being sued for discrimination by a former employee who says she was fired because she suffered a stroke.
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Symphony denies wrongdoing by conductor Urbanski, leadership

May 12, 2017
Lindsey Erdody, Indianapolis Business Journal
Indianapolis Symphony Orchestra is defending its conductor and leaders, describing claims of age discrimination and harassment made by a tenured musician as “outlandish” and “baseless.”
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Company must face fired worker’s religion discrimination claim

May 11, 2017
Dave StaffordMore

Supreme Court says cities can sue banks under US housing law

May 1, 2017
 Associated Press
The Supreme Court of the United States ruled Monday that cities may sue banks under the federal anti-discrimination in housing law, but said those lawsuits must tie claims about predatory lending practices among minority customers directly to declines in property taxes.
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Summary judgment for DCS on age, sex discrimination charges affirmed

April 28, 2017
Olivia Covington
The Indiana Department of Child Services did not discriminate against a former employee seeking to come out of retirement when it declined to move him through the interview process, the Indiana Court of Appeals decided Friday.
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Deaf man sues lawyer for sign language miscommunication

April 21, 2017
 Associated Press
A former IBM employee who is deaf says a sign language miscommunication with his lawyer caused him to accept a lowball offer in an earlier discrimination lawsuit.
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2nd Circuit cracks door for en banc hearing on Title VII sexual orientation claim

April 19, 2017
Marilyn Odendahl
In possibly the first opinion issued since the 7th Circuit Court of Appeals found Title VII does provide protection against discrimination based on sexual orientation, a 2nd Circuit Court of Appeals panel has declined to reach the same conclusion.
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7th Circuit: Title VII includes sexual orientation

April 19, 2017
Marilyn Odendahl
The 7th Circuit Court of Appeals made history when it ruled in early April that Title VII does prohibit discrimination based on sexual orientation. But whether that opinion becomes the inspiration for other circuits to make similar findings has yet to be seen.
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Indiana argues it may discriminate in some court services

April 7, 2017
Dave Stafford
A deputy attorney general argued the state may discriminate in providing certain court services as Indiana appealed a ruling that a deaf man was discriminated against when Marion Superior Court denied him an interpreter for a mandatory mediation.
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7th Circuit: Title VII interpretation follows precedent

April 5, 2017
Marilyn Odendahl
The employment discrimination complaint that began as a pro se filing by an Indiana math teacher has led the 7th Circuit Court of Appeals to become the first federal appellate court to find the Civil Rights Act of 1964 provides protection for LGBT workers.
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7th Circuit rules Title VII covers sexual orientation

April 5, 2017
Marilyn Odendahl
In a landmark ruling, the 7th Circuit Court of Appeals has found Title VII of the Civil Rights Act of 1964 does prohibit discrimination on the basis of sexual orientation.
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Musician accuses conductor, symphony of age discrimination

March 22, 2017
Lindsey Erdody, Indianapolis Business Journal
In a federal lawsuit filed late last week by Indianapolis Symphony Orchestra's principal bassoonist, the musician details what he alleges have been years of age discrimination and harassment by ISO musical director and conductor Krzysztof Urbanski and the ISO leadership.
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ACLU suing state of Indiana in Lawrenceburg discrimination case

March 14, 2017
Olivia Covington
The American Civil Liberties Union of Indiana is suing the Hoosier state for disability discrimination, the most recent piece of litigation in a lawsuit stemming from a donated piece of land in Lawrenceburg.
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SCOTUS: Jury secrecy no bar to looking into race bias

March 6, 2017
 Associated Press
A juror's use of racial or ethnic slurs during deliberations over a defendant’s guilt can be a reason for breaching the centuries-old legal principle of secrecy in the jury room, the U.S. Supreme Court ruled Monday.
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Attorneys optimistic Ivy Tech case will extend Title VII protections

February 28, 2017
Marilyn Odendahl
Although the 7th Circuit Court of Appeals is still wrestling with the question of whether Title VII protections extend to lesbian, gay and bisexual individuals, Lambda Legal is confident a favorable decision will come even if the question has to ultimately be settled by the U.S. Supreme Court.
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Supreme Court suspends disability rights attorney, rejects discrimination allegations

February 15, 2017
Olivia Covington
An attorney who claims the Indiana Supreme Court is seeking retaliatory action against him because of his work as a disability rights advocate has been suspended from the practice of law.
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Former COO of health firm claims discrimination in firing

January 20, 2017
Indianapolis Business Journal, John Russell
A former executive at an Indianapolis-based chain of health clinics says he was fired because of his age, race and national origin, and in retaliation because he stood up for one of his female managers.
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7th Circuit affirms Indiana’s ban on robocalls

January 4, 2017
Dave Stafford
A political organization that argued Indiana’s ban on telephone robocalls disfavored political speech and was content discrimination got a terse reply from the 7th Circuit Court of Appeals Tuesday.
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Ex-Supreme Court employee suing high court for discrimination, retaliation

December 28, 2016
Olivia Covington
A former Indiana Supreme Court employee is suing the state’s highest court for alleged ongoing disability discrimination and retaliatory actions.
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  1. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  2. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

  3. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  4. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  5. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

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