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December 2019 Archives

Lenzi v. Systemax, Inc., No. 18‐979 (2d Cir. Dec. 6, 2019)

Here's another case of a judge not thinking like a juror: most fair-minded people would consider it evidence of pregnancy discrimination that a manager launched an audit and started putting negative reports in an employee's file literally days after she announced her pregnancy. The district court judge did not get this, but the Second Circuit reverses and sends the case back for trial. The panel also addresses the standard for proving sex discrimination in pay under Title VII, outside of the "equal work" framework.

Morrissey v. Laurel Health Care Co., No. 18-1704 (6th Cir. Dec. 3, 2019)

Some courts are still ruling on ADA cases as if the 2008 amendments never occurred. The Sixth Circuit reverses summary judgment in a case where the district court placed too high a burden on the plaintiff to prove she was disabled.

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