A regular theme on this blog is for lawyers to keep an eye on remedies at all times. A pair of non-precedential Eleventh Circuit cases arising from the same trial illustrate the point. In the first, a fully-tried Title VII sex harassment case ends with a liability verdict against the employer, but with $0 in damages. Yet creative lawyering saves the day, preserving prevailing-party status by obtaining a reformation of the employee's personnel file. In the second, the panel remands for reconsideration of attorney's fees in light of an unaccepted Rule 68 offer of judgment.
Here's a cautionary tale from the Sixth Circuit about disabilities discrimination: just because an employee is medically restricted in some aspect of their job does not automatically translate into a covered "disability" for purposes of the ADA. The court affirms summary judgment here, holding that the ADA Amendments Act of 2008 ("ADAAA") - while it liberalized other parts of the statute - did not change the definition of "working" as a "major life activity."
The D.C. Circuit holds (2-1) that a group of fired social workers (SWAs) and social service assistants (SSAs) had - contrary to the district court's ruling - sufficiently identified a "particular emploment practice" susceptible to challenge for its adverse racial impact under Title VII, 42 U.S.C. § 2000e-2(k)(1)(A)(i). The case is remanded for further consideration of whether the plaintiffs established a statistical racial disparity.
While somewhat out of the lane of employment law, this Title III ADA case - about whether a restaurant ought to have accommodated a parent's request to allow a child to bring his own food on a field trip - has some good general lessons for disability-discrimination law.