Judge Sotomayor Nominated for US Supreme Court

Here's an e-mail I received from President Obama today (I know lots of people got it, but it's still fun to say) . . .

introducing Judge Sonia Sotomayor, his nominee for the United States Supreme Court:

"Kim --I am proud to announce my nominee for the next Justice of the United States Supreme Court: Judge Sonia Sotomayor.This decision affects us all -- and so it must involve us all. I've recorded a special message to personally introduce Judge Sotomayor and explain why I'm so confident she will make an excellent Justice.

Please watch the video, and then pass this note on to friends and family to include them in this historic moment.

Judge Sotomayor has lived the America Dream. Born and raised in a South Bronx housing project, she distinguished herself in academia and then as a hard-charging New York District Attorney. Judge Sotomayor has gone on to earn bipartisan acclaim as one of America's finest legal minds.

As a Supreme Court Justice, she would bring more federal judicial experience to the Supreme Court than any Justice in 100 years. Judge Sotomayor would show fidelity to our Constitution and draw on a common-sense understanding of how the law affects our day-to-day lives.

A nomination for a lifetime appointment to the highest court in the land is one of the most important decisions a President can make. And the discussions that follow will be among the most important we have as a nation.

You can begin the conversation today by watching this special message and then passing it on:http://my.barackobama.com/SupremeCourt

Thank you,

President Barack Obama."

A more detailed bio from the White House is available here:

I can't wait to learn more about Judge Sotomayor. Watch for future blog posts!

Peace on Memorial Day

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

PRAYER FOR PEACE, MEMORIAL DAY, 2009

For over two centuries, Americans have defended our Nation's security and protected our founding principles of democracy and equal justice under law. On Memorial Day, we honor those who have paid the ultimate price in defense of these freedoms.

Members of the United States Armed Forces have placed our Nation's safety before their own for generations. From the first shots fired at Lexington and Concord to the current conflicts in Iraq and Afghanistan, these brave patriots have taken on great risks to keep us safe, and they have served with honor and distinction.

All Americans who have enjoyed the blessings of peace and liberty remain in their debt. As we remember the selfless service of our fallen heroes, we pray for God's grace upon them. We also pray for all of our military personnel and veterans, their families, and all those who have lost loved ones in the defense of our freedom and safety.

Today, as we commend their deeds, we also bear a heavy burden of responsibility to ensure that their sacrifices will not have been in vain. This means that, as we uphold the ideals for which many have given their last full measure of devotion, the United States must never waver in its determination to defend itself, to be faithful in protecting liberty at home and abroad, and to pursue peace in the world.

In respect for their dedication and service to America, the Congress, by a joint resolution approved on May 11, 1950, as amended (36 U.S.C. 116), has requested the President to issue a proclamation calling on the people of the United States to observe each Memorial Day as a day of prayer for permanent peace and designating a period on that day when the people of the United States might unite in prayer.

The Congress, by Public Law 106-579, has also designated 3:00 p.m. local time on that day as a time for all Americans to observe, in their own way, the National Moment of Remembrance.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim Memorial Day, May 25, 2009, as a day of prayer for permanent peace, and I designate the hour beginning in each locality at 11:00 a.m. of that day as a time to unite in prayer.

I also ask all Americans to observe the National Moment of Remembrance beginning at 3:00 p.m. local time on Memorial Day. I urge the press, radio, television, websites, and all other media to participate in these observances. I also request the Governors of the United States and the Commonwealth of Puerto Rico, and the appropriate officials of all units of government, to direct that the flag be flown at half-staff until noon on this Memorial Day on all buildings, grounds, and naval vessels throughout the United States, and in all areas under its jurisdiction and control. I also request the people of the United States to display the flag at half-staff from their homes for the customary forenoon period.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of May, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-third.

BARACK OBAMA
# # #

Whistleblower Seeks Protection for Federal Workers

One of my readers passed this letter along in response to my previous blog posting Stimulus Protects Some Workers.

As I mentioned, the stimulus law provides some remedies for workers in case they get fired or demoted or otherwise retaliated against for reporting fraud, abuse, or waste in how institutions actually spend the stimulus funds. But it does not protect federal workers.

Here's part of the letter, written by Bunnatine H. Greenhouse, Former Procurement Executive, U.S. Army Corps of Engineers, who reports that she faced retaliation after testifying in Congress last week:

"Dear Friends,

"I wrote to you last week that I would be testifying before the House Committee on Oversight and Government Reform because I believe that all employees should be protected from retaliation for reporting waste, fraud, and abuse. I did not expect that within hours of my testimony I would be subject to additional retaliation.

"At 6:23 p.m. I was forwarded an email written by the U.S. Army Corps of Engineers Chief of Staff stating that from now on, all testimony before Congress must be pre-approved by the Army Corps and that all oral testimony must conform to the approved written testimony.

"I am shocked by this blatant violation of the First Amendment. I said nothing improper during my testimony, I simply told the truth. I was testifying on my own time while I was on unpaid leave.

"I appeared at the invitation of Congress, to explain what happened when I reported improprieties surrounding the awarding of contracts to Halliburton-KBR just prior to the invasion of Iraq. The restriction imposed upon my right and the right of other federal employees to testify before Congress in our personal capacity free from restrain and censorship must stop NOW!"

See the rest of the letter here, urging that Every American should demand immediate passage of H.R. 1507.

Thanks to sbd for the tip!

Fired for No Makeup?!?!

"Shenoa Vild hates to wear makeup. Face goop is simply not for her. . . "

"She happens to think she has a naturally healthy, vibrant complexion. After meeting her, I have to agree. But Vild, a waitress, says her former boss had an entirely different opinion. He wanted Vild to wear makeup. She wouldn't. So, she says, she got canned."

This is from an excellent article by Michael Stetz Union-Tribune Columnist called Waitress says bare face led to firing. The article mentions the fact that in another case, the Ninth Circuit Court of Appeals threw out a lawsuit filed a few years ago by a woman in a similar situation but doesn't go into detail about the previous case. Here's a bit more for you . . .

The case was called Jespersen v. Harrah's Operating Co., Inc., 392 F.3d 1076 (9th Cir. 2004).

There, the court ruled that the female worker didn't show that the employer's dress code imposed an "unequal burden" on women because of their sex.

What? Are they kidding?

Women had to wear stockings.

Women had to wear nail polish.

Women had to wear their hair down and "teased, curled, or styled."

Women had to wear makeup, foundation, concealer and/or face powder.

Women had to wear blush and mascara "neatly in complimentary colors."

Women had to wear lip color "at all times."

Men had to have short haircuts and neatly trimmed fingernails.

Hello - even under the court's "unequal burdens" test, this screams of sex discrimination. On the face of it, these requirements impose an unequal burden based on sex alone. Talk about expensive! And time consuming! And goopy!

The requirements are clearly all about sex and have nothing to do with the job duties - to mix and serve drinks.

Not only that, but the court got it wrong in rejecting the argument that these requirements constitute illegal sexual stereotyping. Of course they do. They require women to conform to a false idea of beauty that applies only to women.

In fact, the policy forbid men from wearing make up. This confirms the fact that it is a sex-based stereotype.

And it's discrimination against men too.

The Ninth Circuit left open the possibility that another worker could challenge these kinds of rules, and I hope someone does. For one thing, the Ninth Circuit only applies to Oregon, Idaho, Montana, Nevada, California, and Arizona, so other circuits could rule differently (although some consider the Ninth Circuit to be one of the most progressive appeals courts in the country). Or another worker in that area could challenge a policy using the guidance provided by the Harrah's case.

Kudos to Shenoa Vild for daring to show her real face to the world and refusing to go with the goop. I, for one, am proud of this young woman for standing her ground. I just wish she didn't have to pay such a heavy price.

Hopefully a good employer will recognize her for her work. And her inner strength and beauty.

Thanks also to Michael Stetz for highlighting this important issue.

Think you know your rights on the job?

Do you understand your legal rights and responsibilities at work?

Find out how much you really know about job discrimination and the Equal Employment Opportunity Commision through its interactive Challenge Yourself! Tool.

Test your own knowledge of employment law. This tool discusses some common problems encountered by youth (and older workers) at work. You can start at the beginning and answer all of the questions or select one of the specific topics listed. Try it - it's fun!

Begin Challenge . . . or-Select a Topic . . .

Harassment

Retaliation

Sex/Gender Discrimination

Race/Color Discrimination

National Origin Discrimination

Religious Discrimination

Disability Discrimination

Age Discrimination

Learn More about EEOC

The 25 Golden Rules of E-Mail

This is a great article by Eric Griffith at PCMag.com!

I particularly like Rules 1 (check Snopes), 8 (subject line), and 19. Fantastic reminders of e-mail nettiquete and a few good safety tips too!

Hospital Fires Cancer Patient

“It is particularly disturbing and sadly ironic when a health care facility of all places refuses to reasonably accommodate an employee’s disability"

. . . said EEOC Acting Regional Attorney Debra Lawrence after a hospital settled a disability discrimination case filed by the EEOC.

LifeCare Hospitals of Pittsburgh, Inc. will pay $100,000 and furnish other equitable relief to settle a disability discrimination lawsuit brought by the EEOC, which had charged the hospital with firing an employee because she had cancer.

According to the EEOC, former business manager Diana Altieri-Hand needed a reasonable accommodation for her disability after she had surgery for cancer and underwent chemotherapy. Altieri-Hand was a longstanding employee of LifeCare Hospitals of Pittsburgh or its predecessor and had a good performance record.

LifeCare Hospitals of Pittsburgh, a free-standing hospital facility managed or operated by LifeCare Management Services, LLC, initially provided a reasonable accommodation to Altieri-Hand. However, the EEOC charged, in about August 2007 the regional director of finance suddenly stopped accommodating Altieri-Hand’s disability and demanded that she return to work full-time with no restrictions.

The EEOC’s complaint alleged that after Altieri-Hand returned to work full-time, the supervisor discriminated against her because of her disability, including substantially increasing her workload, removing her full-time staff assistant, and subjecting her to unwarranted work scrutiny.

Finally, the EEOC charged, the hospital fired Altieri-Hand because of her disability.

Disability discrimination violates the Americans With Disabilities Act (ADA), which requires employers to make reasonable accommodations for employees’ disabilities as long as this does not pose an undue hardship on the business.

The consent decree resolving the lawsuit prohibits the hospital from engaging in disability discrimination and retaliation. As part of the settlement, the hospital will also train all employees regarding the ADA’s prohibitions against disability discrimination. LifeCare did not admit liability in the consent decree, which is pending judicial approval.

"Job Angels" on Twitter

Like the Angel who aids a depressed banker played by James Stewart in the movie classic. . .

JobAngels are people volunteering to help today’s pink-slipped souls get back to work through Twitter.

See the great article by Ed Frauenheim on Workforce Management.

Survive the latest round of layoffs?

"Unlike your previous co-workers, you have both a job and higher rates of depression . . .

. . . more psychosomatic illnesses like headaches, ulcers and insomnia, and a nasty case of survivor's guilt. . .You've got more work and fewer co-workers, as well as the lingering suspicion that you might be next.. . " A great article in Newsweek discusses 5 tips for layoff survivors to keep their sanity. Thanks to author Kate Dailey for the tips!

Former Employee Faces Prison for Cyber Crime

Tempted to hack your former employer's computers? You could go to prison . . .

The former director of information technology for a non-profit organ and tissue donation center has entered a guilty plea to intruding into her former employer’s computer network, according to the U.S. Department of Justice.

According to the DOJ:

At a hearing before U.S. District Judge David Hittner, Danielle Duann, 51, admitted to illegally accessing the computer network of LifeGift Organ Donation Center and then intentionally deleting organ donation database records, accounting invoice files, database and accounting software applications and various backup files without authorization.

LifeGift is the sole provider of organ procurement services for more than 200 hospitals throughout 109 counties in North, Southeast and West Texas. Duann was previously indicted on this charge by a federal grand jury on June 24, 2008.

According to the statement of facts in the case, LifeGift terminated Duann from her position as their director of information technology on Nov. 5, 2005, and the organization revoked all of Duann’s previous administrative rights and access to the LifeGift computer network.

Beginning in the evening of Nov. 7, 2005, and continuing into Nov. 8, 2005, Duann repeatedly gained unauthorized access to the LifeGift computer network via a remote connection from her home and intentionally caused damage by deleting numerous database files and software applications, as well as their backups, relating to LifeGift’s organ and tissue recovery operations.

Further, according to the statement of facts, in an attempt to conceal her activities, Duann disabled the computer logging functions on several LifeGift computer servers and erased the computer logs that recorded her remote access to the LifeGift computer network. LifeGift suffered damage and losses in excess of $94,200 as a result of Duann’s computer intrusion and intentional, unauthorized deletion of programs and files.

Duann is scheduled to be sentenced by Judge Hittner on July 28, 2009. She faces a maximum punishment of 10 years in prison and/or a fine of up to $250,000.

This case was investigated by the FBI and is being jointly prosecuted by Trial Attorney Thomas Dukes of the Criminal Division's Computer Crime and Intellectual Property Section and by Special Assistant U.S. Attorney Bret W. Davis of the Southern District of Texas.

EEOC Warns of Swine Flu Discrimination

The US Equal Employment Opportunity Commission warns against employment discrimination that could arise because of the recent "Swine Flu" or H1N1 flu outbreak, called by some the "Mexican Flu."

It's not so clear that the Swine Flu would constitute a "disability" protected by federal law, but it is clear that the law prohibits employment discrimination on the basis of national origin, for example, discrimination against Mexicans. See Title VII statute, regulations, and guidance prohibiting national origin discrimination.

At the same time, the Americans With Disabilities Act (the ADA) regulates medical examinations and disability-related inquiries of employees and applicants, only permitting them if certain conditions are met.

For the EEOC's guidance about exams and inquiries of employees, see EEOC Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act, (defining medical examination and disability-related inquiry and explaining conditions under which they may be given to employees).

For the EEOC's guidance about exams and inquiries of applicants, see EEOC Enforcement Guidance on Preemployment Disability-Related Questions and Medical Examinations.

Maine Allows Same-Sex Marriage Too

Maine's governor signed a new bill today approving gay marriage. . .

making it the fifth state to do so and moving New England closer to allowing it throughout the region. Read the full report at 9News.

Happy May Day! Happy Law Day!

May Day is synonymous with International Workers' Day or Labor Day. . .


a day to celebrate the social and economic achievements of the labor movement.


May 1 also is recognized in the U.S. as Law Day! As President Eisenhower said when he recognized the first US Law Day:

“In a very real sense, the world no longer has a choice between force and law. If civilization is to survive it must choose the rule of law.”

May Day also marks the end of the cold winter half of the year in the Northern Hemisphere. It's been pretty chilly in Denver this winter!

As you see the spring flowers today, take a moment to reflect on the role of law in the foundation of the country and to recognize its importance for society. Be nice to a lawyer today. It is an occasion to celebrate!

Happy Friday, May Day, Law Day!!