The Eleventh Circuit adds its voice to the lower-court movement to abandon the McDonnell Douglas v. Green, 411 U.S. 792 (1973), proof framework in discrimination cases - such as this one - where the plaintiff presents circumstantial evidence that bias was a motivating factor in an adverse decision. This could be the case that allows the Supreme Court to revisit this long-standing precedent.
Is There Title VII "race" discrimination if the two competing candidates identify as "white"? The Second Circuit holds that this scenario may state a claim where one of the candidates is deemed to be of "Hispanic" ethnicity.
The D.C. Circuit addresses an all-too-common scenario where the employer - without apparent explanation - arguably comes down hardest on the Black employee rule-breaker. The court reverses summary judgment in a case involving nurses, where the Black nurse was allegedly singled out and fired for violations of protocol during a single shift.
The Sixth Circuit affirms a $300,000 judgment for the male victim of same-sex harassment under Title VII. The panel underscores the imperative for employers to be vigilant against complaints of sexual contact, even when the conduct (in a male-dominated workplace) might be characterized by some as "horseplay."
Taking sides in a widening split in the circuits, the Fifth Circuit holds that an independent contractor - here, a pediatrician working on an United States Air Force base - can bring a claim for disability discrimination under the Rehabilitation Act of 1973 against the clinic where she practiced.