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November 2018 Archives

Wall Street Keeps #MeToo Under Wraps

As the #MeToo movement sweeps through popular culture, unseating powerhouses in industries from entertainment to politics to academia, the financial industry has been remarkably quiet. On Wall Street, complaints of sexism, gender discrimination, and sexual harassment have simmered for years, but there have been no significant personalities removed from their positions or otherwise dethroned from power.

Bullying in the Legal Profession

From the schoolyard to the workplace, bullying is an epidemic. Because mistreatment and abuse of employees can result in legal action and liability, one would think lawyers and law firms would be vigilant in stopping or preventing bullying in their offices. Surveys of workers in the legal profession show otherwise.

Mancini v. City of Providence, RI, No. 18-1011 (1st Cir. Nov. 21, 2018)

The First Circuit affirms that, in an ADA case, it is often not necessary to present expert medical testimony to prove a disability. Nevertheless, the panel affirms summary judgment on the ground that the plaintiff - a police sergeant with a knee injury - failed to prove that his impairment substantially limited him in the major life activities of standing, walking, and bending.

Netter v. Guilford Cnty. Sheriff's Office, No. 18-1039 (4th Cir. Nov. 15, 2018)

The Fourth Circuit cautions employees (and their counsel) that taking actions to support an EEOC charge are not "protected activities" under the "participation" clause of Title VII's anti-retaliation section if they violate state law. Here, the court affirms summary judgment in a case where the employee copied and delivered confidential personnel files to the EEOC, in violation of North Carolina law.

EEOC v. North Memorial Health Care, No. 17-2926 (8th Cir. Nov. 13, 2018)

In a contentious 2-1 opinion, the Eighth Circuit holds that a job applicant who requests a religious accommodation - here, not to work Saturdays - is not engaged in a "protected activity" under the opposition clause of Title VII's retaliation provision. 

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