Many immigrants in the U.S. who are not on the path to citizenship, particularly those previously protected by the DACA program, still pursue the American dream of a college education and buying their own home and car along with other major purchases.
Today's computer technology improves exponentially from year to year, putting tiny, yet ever more powerful, computers in the palms of our hands, on our bodies, or even under our skin. With the proliferation of wearable "Internet of Things" devices, many new technologies that track our physical and physiological traits are moving into the workplace - yet, our privacy laws are struggling to keep up. This gap between technology and the law can put employees' privacy rights at risk.
The Sixth Circuit affirms a jury award in an ADA case of $27,565 in back pay and $250,000 in compensatory damages, awarded to a dollar-store clerk who was fired for grabbing orange juice from the store fridge twice during diabetic episodes. The panel notes, among other things, that the failure to provide a reasonable accommodation can itself be direct evidence of discrimination.
Here's a valuable case for employees suffering harassment (and lawyers who bring such cases). The First Circuit reverses summary judgment for age-based and retaliatory hostile work environment, holding that the district court put the plaintiff to an impossible standard of specificity to prove individual incidents of harassment. It also holds that repeated threats of termination can constitute constructive discharge.
Two opinions this week highlight the power of retaliation claims: in each case, the principal discrimination claim failed on summary judgment, yet the retaliation claim was remanded for trial.