Employment law - gender discrimination - Third Circuit rules that denial of promotion based on an equally applied legitimate subjective criterion is not discrimination

Article Abstract:

The Third Circuit Court of Appeals in Ezold v Wolf, Block, Schorr & Solis-Cohen held that triers of fact evaluating employment discrimination claims must base their decision on the reason offered by the defendant, instead of considering other factors which may be relevant. The case concerned a woman who was not promoted to partnership in a law firm, the reason offered being low ratings for analytical ability. The district court found a prima facie case because men were promoted whose overall evaluations were the same. The Third Circuit reversed because the men had not received comparably low evaluations for analytical ability.

Law firms

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Constitutional law - equal protection - D.C. Circuit finds FCC's equal employment opportunity regulations unconstitutional

Article Abstract:

The US Court of Appeals for the DC Circuit in Lutheran Church-Missouri Synod v. FCC broadened the scope of the requirement that all government programs which use racial classifications be subject to strict scrutiny. The Court applied heightened scrutiny to nonremedial outreach programs as well as to remedial preference programs. The Court thus failed to maintain the distinction between indirect and direct pressure for race-based hiring preferences.

United States, Affirmative action

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European Communities - human rights - positive action (affirmative action) for women - employment discrimination - interpretation of Equal Treatment Directive of European Community - meaning of 'equality of opportunity' - meaning of 'discriminatory employment criteria.'

Article Abstract:

The European Court of Justice held in Marschall v. Land Nordrhein-Westfalen that Community equal employment policy for women created a policy of automatic promotion for women over men when the candidates possess equivalent qualifications. The court formulated a two prong, objective test in seeking to diminish automatic promotion circumstances. The court reasoned an employment policy is invalid when women gain unconditional advantages over men.

Human rights, European Union

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