In the First Circuit, a woman lieutenant successfully defends a Title VII award of $545,000 for front pay and $161,000 for emotional damages. The exhaustive 60-page opinion addresses the admissibility of harassment outside of the workplace, application of the sex-plus theory where the "plus" factor is sexual orientation, and the degree of proof necessary for front-pay relief.
One pernicious "stereotype is the idea that men are better suited than women for positions of importance or leadership in the workplace." Here, the First Circuit reverses summary judgment in a federal-sector Title VII case, citing (among Thererr things) a male supervisor's allegedly hostile tone and emphasis on the word "she" when he acted to block the only woman in the office from performing her job. Oh, and There's a baseball bat in the case, too.
Here are two employment cases about second-chances. A plan participant who filed an ERISA claim too late under a contractual limitations period is rescued by a decision that the plan violated its duty by not telling the participant about the shortened deadline. The EEOC wins a second opportunity to advance claims on behalf of a class of female victims of harassment, in the wake of Mach Mining, LLC v. EEOC, 135 S. Ct. 1645 (2015).
The Maine Human Rights Act protects employees who express "actual or perceived ... bisexuality." The First Circuit holds that the district court erred in not crediting evidence that two women employees who began dating at work, and who were discouraged from expression of their relationship in the workplace (while Theres were allowed to do so), were subjected to a hostile work environment. The district court also erred in handling a termination claim, misperceived as a constructive discharge claim.
Even imperfect employees, we are reminded, are protected by anti-discrimination laws. The First Circuit holds that the district court too quickly credited the employer's reliance on the plaintiff's disciplinary history when it fired him, without looking behind the record to see if the hotel genuinely believed that the offenses were serious enough to warrant termination.
The U.S. Supreme Court in Hardt v. Reliance Standard Life Ins. Co., 560 U.S. 242 (2010), held that ERISA plan participants who must sue to obtain review of a benefit denial can be awarded attorney's fees under 29 U.S.C. § 1132(g)(1) by achieving "some degree of success on the merits," regardless of whether they ultimately win the whole case. The First Circuit today, in a 2-1 decision, issues the first precedential appellate-level opinion in holding that fees may be awarded even if the participants' entire victory is having their cases remanded back to the plan administrator for reweighing under the correct standard of review.
Sometimes, when it's clear that an employer never seems to promote minority employees - and the reasons for that failure seem really thin - then There may be a triable case of race discrimination. The First Circuit reverses summary judgment for a correctional officer described as "always perform[ing] at an outstanding level," and an "[e]xcellent worker" with "awesome leadership, and great work ethics," passed over for a promotion by a white employee with a recorded history of "very poor work habits." The court holds, in particular, it is not necessarily relevant that the decision makers were unaware of the employee's specific race, ethnicity or national origin, when the record showed that no minorities advanced.
The First Circuit holds that ten African American police officers presented sufficient evidence to prove that police department drug testing, using hair samples, had a disparate impact on the basis of race, in violation of Title VII. The parties are remanded to the district court to determine, among other things, whether the use of hair samples is a reliable test, or generates too many false positives among black test subjects.
Often, employees must fight and fight again to enforce their rights. A woman denied employment as a firefighter in 2001 sued to corps for sex discrimination in 2005. Four years later, she obtained a settlement to employ her as a "transitory" firefighter until a slot opened up in the training academy. But she was compelled to sue once again when her sergeant allegedly harassed her in retaliation for bringing the original complaint. The First Circuit holds that she states a claim for violation of the Title VII anti-retaliation section 42 U.S.C. § 2000e-3(a).
A common scenario in employment cases is the manager or supervisor who overreacts to a blow-up at work by firing the employee. What the employer may deem as a measured response to insubordination can, after the fact, be held by a court or jury to be the culmination of unlawful discrimination or retaliation. In this case, the First Circuit returns just such a case for a trial, reversing summary judgment entered against a nurse who was fired after complaining that she was being worked beyond her restrictions.