In a groundbreaking en banc decision, the Second Circuit became the second appellate court to hold that Title VII recognizes sexual orientation discrimination claims as impermissible sex discrimination per se. Zarda v. Altitude Express, Inc. also expressly overturned the Circuit's prior holdings in Simonton v. Runyon and Dawson v. Bumble & Bumble, deepening a circuit split over the question.
Supreme Court Ruling A Game-Changer For Whistleblower Protections
The U.S. Supreme Court's decision this week in Digital Realty Trust, Inc. v. Somers shrinks Dodd-Frank's protections against workplace retaliation for corporate whistleblowers.
The Sixth Circuit affirms a jury verdict for an in-house lawyer in Tennessee, including $92,000.00 in compensatory damages and $18,184.32 in backpay. The court holds that the jury could have found that the employer violated the Americans with Disabilities Act (and state law) duty to accommodate, by failing to allow a ten-week period of telecommuting during the lawyer's pregnancy bedrest.
The Ninth Circuit, in tension with the Fifth and Tenth Circuits, holds that a public employee has a federal constitutional privacy right (under due process) not to be fired from a job because of an extramarital affair with a co-worker. A concurring judge in the panel agrees with the result, but offers a narrower rationale.