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Are They Serious? Supreme Court May Toss Out Bias Case Because of Wrong Form
Compiled by the DiversityInc staff

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Are They Serious? Supreme Court May Toss Out Bias Case Because of Wrong Form

 

The same Supreme Court that ruled pay-discrimination lawsuits must be filed within 180 days to be legitimate is now considering whether to toss out a class-action age-discrimination case against FedEx because the plaintiffs failed to fill out the right form, reports The New York Times. Alleged victims of discrimination must fill out Form 5 to formalize their complaints, after which the U.S. Equal Employment Opportunity Commission (EEOC) notifies the employer, who then determines whether to settle or go to court. In Federal Express vs. Holowecki, the lead plaintiff filled out only Form 283, an "intake questionnaire" that is designed to assess whether discrimination occurred and to advise the complainant whether to move forward with the lawsuit. FedEx argues that the lawsuit is invalid because the plaintiffs did not follow the correct technical procedure. How will the conservative-leaning Supreme Court rule? Chief Justice John Roberts, who wrote the 5-4 majority opinion overturning voluntary school-integration plans in two public-school districts last June, appears to agree that the EEOC, not the plaintiffs, are to blame for filling out the wrong forms. As usual, Justice Clarence Thomas was mum on the issue.

 

(See also: Supreme Court Ledbetter Ruling Does Not Relieve Employers From Implementing Equitable Pay Practices and Hot Legal Trends: 'Passing for White'; Rap Lyrics at Work; Reverse Sex Discrimination)

 

With Victory in Sight, LGBT-Rights Groups Flip-Flop on ENDA Bill  

 

Weeks after LGBT-rights groups lobbied Congress to avoid passing a non-inclusive version of the Employment Non-Discrimination Act (ENDA) that excluded transgender workers, some organizations, including the Human Rights Campaign (HRC), are changing their position and urging Congress to pass the bill with or without protections for gender identity. On Tuesday, LGBT-rights groups encouraged Congress to proceed with its plan to vote on the bill as is, reports 365Gay.com. According to a recent HRC poll, 70 percent of LGBT people prefer passing a non-inclusive bill versus not passing a bill at all. Congress will vote on the bill on Thursday.

 

(See also: Commentary: Why Gender Identity Must Be Included in New Law and Transgender Rights Reinserted in Controversial Gay-Workplace Bill)

 

Worst Fears About Aging Differ by Country

 

A new survey conducted by GfK Roper Consulting, an international market-research firm, reveals cultural opinions differ when it comes to getting older. According to the study, which interviewed more than 39,000 people in 31 countries of various ages, participants across the globe ages 50 and older showed a higher concern for overall independence and mental sharpness and were less concerned about appearance than their younger counterparts, reports The Boston Globe. However, the study also showed that while Germans worry most about losing their memory or their mental alertness, the Dutch fear gaining weight, and Thais worry about fading eyesight. Most Americans don't agree on just one major worry; they spread their top concerns about aging among loss of energy, trouble caring for themselves, memory loss and weight gain.

 

(See also: Is Your Community Ready for the Baby Boomers?)

 

LGBT Muslims Seek Refuge in America

 

For centuries, America has been viewed as a land free from religious persecution. The latest group to buy into this ideology is LGBT Muslims, who are immigrating to America in increasing numbers in an effort to escape persecution in their home countries, reports The New York Times. Despite feeling more open about their orientation in America, many LGBT Muslims remain devoted to their religion and lead closeted lives fearing ostracizing at mosques. Learn more about where religion and LGBT rights intersect in the upcoming Nov./Dec. 2007 issue of DiversityInc magazine.

 

Latest Romney Ad Sends Mixed Messages

 

At least 32,000 visitors to Gay.com, a social-networking site for LGBT people, were exposed to a campaign ad for GOP presidential candidate Mitt Romney over the course of at least two days in August that urged them to "Join Team Mitt!" reports The New York Times. Why doesn't this make sense? The former Massachusetts governor has used his "anti-gay-marriage" message as a cornerstone of his campaign to win over staunch conservatives. The Romney campaign says it is unsure how the ad landed on the LGBT web site; it has since been removed.

 

(See also: Mass. Gov. Romney Wants Courts to Force Vote on Gay Marriage 

 

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