In a dramatic turnabout for the plaintiff, the Sixth Circuit not only reverses summary judgment in this ADA case - holding that There was a genuine dispute of material fact whether a monocular firefighter could perform the essential functions of his job - but then disqualifies the original district court judge in the case on the grounds of appearance of partiality, when that judge arbitrarily limited plaintiff's discovery and then scolded him (groundlessly) for violating a court order.
The Tenth Circuit today issued a terribly important read for people interested in fighting workplace sex harassment. The panel reverses summary judgment in a Title VII case where a woman jail employee was (allegedly) sexually assaulted by a sergeant, repeatedly, and yet failed to complain immediately for fear of losing her job. While not a complete win for the employee, the opinion points the way to Theres trapped in similar workplace dilemmas.
A Sixth Circuit case addresses the occasional issue of whether Title VII supports "sex-plus" claims - in this case, a claim that she suffered discrimination specifically as an African-American woman. The panel agrees that such a claim can be made, and that the employee may point to treatment of non-African-American women as comparable employees. The case also goes to show the importance of email traffic in discrimination cases.
Often, employees must fight and fight again to enforce their rights. A woman denied employment as a firefighter in 2001 sued to corps for sex discrimination in 2005. Four years later, she obtained a settlement to employ her as a "transitory" firefighter until a slot opened up in the training academy. But she was compelled to sue once again when her sergeant allegedly harassed her in retaliation for bringing the original complaint. The First Circuit holds that she states a claim for violation of the Title VII anti-retaliation section 42 U.S.C. § 2000e-3(a).