Jump to Navigation

November 2012 Archives

Bahri Begolli v. Home Depot, U.S.A., No. 12-1875 (7th Cir. Oct. 29, 2012)

The Seventh Circuit, per Judge Richard Posner, reminds the lower courts once again that private-sector employees do not have an administrative "exhaustion" requirement under Title VII, and that disputed issues of fact about limitations periods belong to a jury, not the judge.

EEOC v. Thrivent Financial for Lutherans, No. 11-2848 (7th Cir. Nov. 20, 2012)

While the Americans with Disabilities Act protects medical information about employees disclosed to an employer as a result of "medical examinations and inquiries," 42 U.S.C. § 12112(d), such protection is not infinitely elastic. The Seventh Circuit, affirming summary judgment in this ADA case, holds that the employer must "already kn[o]w something [i]s wrong with the employee before initiating the interaction in order for that interaction to constitute a 42 U.S.C. § 12112(d)(4)(B) inquiry." Fortunately for disabled employees, such circumstances are usually within their control if they are willing to come straight with their bosses about their work-related needs at the beginning of the relationship.

EEOC v. Cintas Corp., No. 10-2629 (6th Cir. Nov. 9, 2012)

The Sixth Circuit, in a closely-watched EEOC case, reverses - in a 2-1 decision - judgment on the pleadings and summary judgment in a systemic Title VII sex discrimination case, challenging the company's alleged failure to fire women drivers. The panel finds that the EEOC stated a claim for pattern-or-practice liability, and that the district court erred on a host of rulings.

Trainor v. HEI Hospitality, No. 12-1152 (1st Cir. Oct. 31, 2012)

A senior executive wins a jury trial for retaliation under the ADEA and Massachusetts state law, with an award of back and front pay, emotional distress damages and liquidated (double) damages. The First Circuit substantially preserves the judgment against the employer and affirms injunctive relief to restore plaintiff to the company's benefit plans, though it tamps down the compensatory damage award on grounds of excessiveness.

subscribe to this blog's feed subscribe to this blog's feed

tell us about your case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

facebook twitter linked in

our office locations

Outten & Golden LLP
685 Third Avenue, 25th Floor  
New York, NY 10017  
Phone: 212-245-1000
Map and Directions

Outten & Golden LLP
161 North Clark Street
Suite 1600
Chicago, Il 60601  
Phone: 312-809-7010
Map and Directions

Outten & Golden LLP
One California Street, 12th Floor
San Francisco, CA 94111
Phone: 415-638-8800
Map and Directions

Outten & Golden LLP
601 Massachussetts Avenue NW
Second Floor West Suite 200W
Washington, DC 20001
Phone: 202-847-4400
Map and Directions