EEOC Presses Ninth Circuit to Apply High Court’s New Bias Test

A federal appeals court in Oregon should rely on the US Supreme Court’s revised standard for discrimination claims in a case brought by an Asian-American worker who says she was unlawfully demoted and forced to resign, the Equal Employment Opportunity Commission said at oral arguments Tuesday.

The EEOC appeared before a three-judge panel of the US Court of Appeals for the Ninth Circuit, arguing for neither former supply chain manager Hui Xu nor her previous employer, LightSmyth Technologies. Agency attorney Chelsea Sharon said the court should either apply the high court’s April ruling in Muldrow v. City of St. Louis ...