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Turley v. ISG Lackawanna, Inc., No 13-561 (2d Cir. Dec. 17, 2014)

For anyone under a misimpression that our nation has totally vanquished racial discrimination in employment, the Second Circuit today affirms a $1.32 million compensatory award by a jury to an African-American employee subjected to scarifying harassment at a steel plant. It also upholds a punitive-damage verdict, though it orders a remittitur of the award of no more than a 2:1 ratio with compensatory damages (about $2.65 million).

EEOC v. LHC Group, Inc., No. 13-60703 (5th Cir. Dec. 11, 2014)

The Fifth Circuit issues some useful guidance on an employer's obligation under the Americans with Disabilities Act (ADA) to offer job restructuring as a reasonable accommodation to disabled employees. The employer here, according to the summary judgment record, failed to offer support to an employee with epilepsy in the form of alternative transportation and assistance with computer-related tasks. The panel also clears up the circuit standard for a plaintiff to prove causal nexus under the ADA, and restates that an ADA plaintiff need only prove that disability was a motivating factor in the adverse action.

State of Arizona v. ASARCO LLC, No 11-17484 (9th Cir. Dec. 10, 2014) (en banc)

The Ninth Circuit, ruling en banc, overrules a prior panel decision and holds that the BMW of N. Am., Inc. v. Gore, 517 U.S. 559 (1996), ratio test for excessiveness of punitive damages is essentially unnecessary for evaluating a capped award under Title VII governed by 42 U.S.C. § 1981a(b)(3)(D).

Harrison v. Wells Fargo Bank, N.A., No. 13-2379 (4th Cir. Dec. 5, 2014)

The duty of the administrator of a short-term disability (or other welfare benefit) plan can sometimes extend beyond reviewing the participant's submitted claim. The Fourth Circuit holds that it can also be an abuse of discretion for the administrator to disregard "readily available material evidence of which it was put on notice." Here, the administrator allegedly failed to follow up on a notation in the medical file indicating that the participant's recent widowhood "could have triggered PTSD caused by the [recent] death of her mother and children."

Young v. United Parcel Service, Inc.: The Supreme Court's Opportunity to Enforce Existing Anti-Pregnancy Discrimination Laws

Should a pregnant employee be treated the same as a non-pregnant employee with a similar work limitation?  The Supreme Court will hear argument on that simple yet hotly contested question on December 3, 2014 in Young v. United Parcel Service, Inc., on appeal from the Fourth Circuit.  707 F.3d 437, 441 (4th Cir. 2013)

Stuart v. Local 727, Int'l Brotherhood of Teamsters, No. 14-1710 (7th Cir. Nov. 14, 2014)

The Seventh Circuit today reverses dismissal of a union member's complaint that she was discriminated against in job referrals because of sex, in violation of Title VII. The court observes that she was not obliged to file an EEOC charge the first time she suffered discrimination, and was timely provided that she suffered one denial or more during the 300-day period before filing. The panel also notes that a failure of an applicant to register formally and repeatedly for openings does not necessarily bar a Title VII action.

Kauffman v. Petersen Health Care VII, LLC, No. 13-3661 (7th Cir. Oct. 16, 2014)

The Seventh Circuit issues a divided opinion on the issue of "qualified individual" under the ADA, in a case concerning a nursing-home beautician. While unanimously agreeing to reverse summary judgment, the panel splits over the question of how to analyze whether pushing the residents' wheelchairs was properly classified as an "essential function."

Smith v. Aegon Companies Pension Plan, No. 13-5492 (6th Cir. Oct. 14, 2014)

The crafters of the 1974 ERISA statute intended participants to have the broadest range of access to federal court, including a special venue statute and national service of process. Under ERISA, venue is proper in "the district where the plan is administered, where the breach took place, or where defendant resides or may be found." 29 U.S.C. § 1132(e)(2). But a 2-1 decision in the Sixth Circuit - four decades after ERISA's passage - threatens that accomplishment, holding that a plan choice-of-forum clause that limited venue to a single district in Iowa five hundred miles from the plan participant could be enforced.

Johnson v. Securitas Security Svcs., No. 12-2129 and Tramp v. Associated Underwriters, Inc., No. 13-2546 (8th Cir. Oct. 7, 2014)

The Eighth Circuit, en banc (9-3), today affirms summary judgment in an ADEA case. The surprise is not so much in the outcome as the vote split, which is not along ordinary lines. In second case, a panel reverses (in part) summary judgment on another ADEA claim, finding that pointed inquiries into an employee's Medicare eligibility and health-plan costs were probative evidence of age bias.

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