This week, the Second Circuit issued two opinions that at least partially reversed summary judgment in Title VII harassment and retaliation cases. In the first, Desardouin, the panel returned a sex harassment claim that concerned sexual comments made to the plaintiff weekly by her supervisor over a two to three month period. In the second, Summa, the court held that under Title VII (and Title IX, governing educational institutions), it can be a protected activity under the statute's anti-retaliation provisions to complain of even a single incident of alleged harassment.
New York City is poised to protect the unemployed from discrimination. Recently, the New York City Council passed a law that would prohibit employers from discriminating against applicants because they are currently unemployed.
The Seventh Circuit substantially affirms a judgment in favor of the EEOC on a hard-fought ADA reasonable accommodations case, concerning an employee forced to work beyond his medical restrictions. The judgment included an award of $100,000 in compensatory damages, $200,000 in punitive damages, and $115,000 in back pay, plus an injunction on AutoZone's anti-discrimination practices.
A common scenario in employment cases is the manager or supervisor who overreacts to a blow-up at work by firing the employee. What the employer may deem as a measured response to insubordination can, after the fact, be held by a court or jury to be the culmination of unlawful discrimination or retaliation. In this case, the First Circuit returns just such a case for a trial, reversing summary judgment entered against a nurse who was fired after complaining that she was being worked beyond her restrictions.
A recent lawsuit filed in California state court against The Oprah Winfrey Network sheds light on pregnancy and leave discrimination issues in the workplace.
The Seventh Circuit issues a decision, in the context of a Title VII national-origin discrimination jury trial - which ended in a defense verdict - that the decision of whether to instruct the jury with a so-called "single-" or "mixed-" motive charge is for the judge, subject to review only for abuse of discretion. The decision will continue to fuel the on-going debate about the precise value of the 1991 Civil Rights Act "mixed-motive" section to employees.