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Publication Date

7-2015

Document Type

Survey Article

Abstract

Perhaps the most significant cases during the 2014 survey period were those that were not handed down by United States Supreme Court, rather than the cases that were decided. Easily the most talked about case during the survey period was the case pending before the Supreme Court, Young v. United Parcel Service, Inc., in which the Court will decide whether the Pregnancy Discrimination Act requires employers to offer work place accommodations to pregnant employees in order to remain on the job. Another high profile case is Mach Mining, LLC v. Equal Employment Opportunity Commission, in which the Supreme Court will decide whether the Equal Employment Opportunity Commission's (EEOC) statutorily required efforts to engage in conciliation before taking employers to court is subject to judicial review. However, treatment of the decisions in Young and Mach Mining will have to await the 2015 survey article because 2014 came to an end with the cases still pending before the Supreme Court.

That is not to say that the Supreme Court or the United States Court of Appeals for the Eleventh Circuit were not busy during the 2014 survey period. Indeed they were. Many decisions were handed down. However, the vast majority of Eleventh Circuit cases were unpublished decisions, and the majority of those decisions affirmed summary judgments in favor of employers. The number of these decisions again raises the question of why there continues to be so many appeals in this area in the face of well-established precedent. Selected highlights from these cases are summarized below.

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