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October 2013 Archives

Jones v. Evergreen Packaging, Inc., No. 13-1354 (8th Cir. Oct. 28, 2013)

'Twas unfortunate that the Eighth Circuit should choose not to publish this short opinion today, reversing summary judgment in a race discrimination case under Title VII and the Arkansas Civil Rights Act. It illustrates the important point that even seriously misbehaving workers have a right not to be discriminated against in employment. A suspended employee presents a genuine dispute of material fact about whether a white employee who committed a comparably serious work rule violation was treated more lightly.

Rachells v. Cingular Wireless Employee Servs. LLC , No. 12-4137 (6th Cir. Oct 17, 2013)

Racial discrimination can be manifested subtly in numerous decisions, and slight deviations from procedure, over time. The Sixth Circuit reverses summary judgment in this Title VII and Ohio state law case, holding that an African-American plaintiff fired during a reduction-in-force (RIF) was entitled to a trial over whether the decision-maker - who allegedly gave minority employees harsher reviews - was motivated by race. An unusual factor here is that it was the employee rather than the employer who wanted to limit the range of comparable employees in evidence. The panel also considers the probative of "There discrimination" evidence against the decision maker.

Mullin v. Temco Machinery, Inc., No. 13-1338 (7th Cir. Oct. 10, 2013)

The Seventh Circuit continues on its march toward sensible decision-making in employment discrimination cases, reversing dismissal of an ADEA case and reaffirming that an employee may survive summary judgment by any combination of evidence "that a rational jury could conclude" proves "that the employer took the adverse action against the plaintiff because he is a member of a protected class." The evidence included a deposition admission by the CEO that the company hired a new replacement salesman in his 20s because "he was a young individual" and, though inexperienced, "our thought process on him was he was a young guy, give him a shot [to] drive around the state showing fire trucks and learn the business."

EEOC v. Abercrombie & Fitch Stores, Inc., No. 11-5110 (10th Cir. Oct. 1, 2013)

Within a week of Abercrombie & Fitch ("A&F") announcing a settlement with the EEOC of two Title VII religious accommodation claims involving hijab-wearing employees in California, the Tenth Circuit orders entry of judgment for the clothing retailer against the EEOC in a similar case arising out of Oklahoma. The 2-1 decision applies a formalistic circuit rule that "the applicant or employee must initially provide the employer with explicit notice of the conflicting religious practice and the need for an accommodation for it." Employees are forewarned that, where workplace accommodations are concerned, courts expect you speak up for your rights. 

New York City Council Passes Pregnancy Accommodation Law

Pregnant women and new mothers may soon enjoy greater protections against workplace discrimination in New York City. On September 24, 2013, the City Council amended the New York City Human Rights Law, already one of the most expansive anti-discrimination laws in the country, to protect women against pregnancy-related employment discrimination.

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