Ex-Foley & Lardner Associate May Proceed with Discrimination Suit

This story gets filed under: “How Not to Deal with Associate Layoffs and Subsequent Discrimination Allegations” (via the WSJ Law Blog):

Zafar Hasan, a Muslim of Indian descent, claims that, post-9/11, he was fired from Foley & Lardner because of his religion, race, national origin and color. The district court granted the firm’s motion for summary judgment. [Yesterday], a three-judge panel of the Seventh Circuit reversed.

The Seventh Circuit opinion in Hasan v. Foley & Lardner, 07-3025 (7th Cir. Dec. 15, 2008) notes:

Foley initially claimed that it fired Mr. Hasan for poor performance. . . . However, after Foley located Mr. Hasan’s work evaluations, which were mostly positive, the firm changed its tune, maintaining that it actually fired Mr. Hasan not because his work was unacceptable but because it only had enough work to keep the best associates in the department occupied.

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New Sick Pay Ordinance May Lead to Rejuvenation of Milwaukee Equal Rights Commission

Books The Milwaukee Journal-Sentinel has the scoop:

Milwaukee’s dormant Equal Rights Commission could be back in business early next year – just in time to enforce the city’s controversial new sick pay ordinance.

On Tuesday, the Common Council will consider legislation to reconstitute the body with a focus not only on the sick pay measure, but also on the city’s own equal rights performance and on forms of discrimination that aren’t covered by state or federal laws. If that measure is approved, Mayor Tom Barrett will nominate a slate of seven panel members for confirmation in January, mayoral aide Leslie Silletti told the council’s Judiciary & Legislation Committee last week.

The Equal Rights Commission was founded in 1991 to investigate complaints of discrimination in housing and employment.

But the commission disbanded in 2003, amid complaints that former Mayor John O. Norquist’s administration never gave the seven-member panel the resources it needed to do its job. Since then, a single staffer in the city Department of Employee Relations has been carrying out the body’s mission, investigating some complaints himself and referring others to state and federal agencies . . . .

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Good Result for the Wrong Reason

I am not the right guy to play Scrooge this time of the year, but why is the resolution of the Republic sit down strike something to be applauded. I understand the plight of the employees. State law entitled them to notice and pay that they were not about to receive.

But this is hardly the fault of Bank of America. BOA has been politically pressured to make a loan that will never be repaid.

You may say “who cares?” BOA is a big bank and 1.75 million dollars is barely a crumb in its cookie jar. But, as the old saying goes, a million here and a million there, and pretty soon we are talking about real money. Neither BOA nor any other bank can survive by making, not merely a poor – but an insane “loan” in response to political pressure. In a free economy, businesses fail and various stakeholders – shareholders, employees and creditors – will be hurt by it. We can’t expect banks – even those who have had an influx of federal capital – to insure against it.

The Republic employees acted boldly and certainly benefited from being from the President-elect’s hometown. Maybe (although I would oppose it) the government should guarantee obligations under the plant closing laws. But shifting the costs to a firm’s lender based upon who can and cannot exert the requisite political pressure seems irrational and even dangerous.

I suppose that those who are committed to a greater collectivization of losses and gains, this is a fumbling step in the right direction. My own view is that, if you want to assume community responsibility for private obligations, it ought to be done directly so the community can assess the costs and benefits.

Crossposted at Shark and Shepherd and Prawfsblawg.

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