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.
The Fourth Circuit reverses summary judgment in a Title VII retaliation case, where the plaintiff's direct boss allegedly declared that she "wanted someone of a different race" in the job, then proceeded to subject her to "constant surveillance, badgering, and criticism." When the plaintiff "told the City that she intended to file a formal grievance" about the hostile work environment, the defendant fired the plaintiff the very next day.
The First Circuit affirms a $2.6 million judgment for race discrimination against the Massachusetts Bay Transportation Authority, where the jury was presented with direct evidence involving "[t]hree of the MBTA's supervisory staff who either concurred in [plaintiff]'s dismissal or were involved in the investigation of the January 25th altercation, had demonstrated racial animus towards her."
Each year, before the teams draft new talent for the following fall season, the NFL organizes its Scouting Combine, a multi-day evaluation and audition process for the most promising football players. Hundreds of hopeful athletes compete to improve their chances to be drafted into a professional football career. Like every other job interview, this one takes guts, stamina, and talent, and a player's personality factors into hiring decisions.
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.
Given recent headlines about Uber and Google, it might be tempting to assume that tech is the only sector still facing stubborn problems with gender discrimination, hostile work environments, and sexual harassment. That certainly isn't the case, and one only has to look at the financial services industry to see that the issue is very prevalent in many other workplaces.
New York City's Commission on Human Rights saw a staggering 60 percent jump in discrimination and harassment complaints in 2016. In 2017, complaints are up an addition al 30% so far this year. Of these complaints, approximately 40 percent are reports of discrimination or harassment based on a person's race, religion, national origin and immigration status. The Commission says it has nearly doubled its investigations into that category of complaints in the past two years.
The Seventh Circuit decides a couple of useful things in this Title VII and § 1983 national-origin discrimination, harassment, and retaliation case, set in a City of Chicago firehouse. First, it holds that even petty activity such as lunch-stealing may constitute part of a hostile work environment when the entire pattern of conduct is considered together. Second, even such tedious activities as constantly shifting an employee from site to site, and intensively challenging fitness for duty after medical leave, may constitute materially adverse employment actions.
The Third Circuit holds that a manager's single use of a racial slur, combined with a threat to fire a Black employee, may be enough all by itself to constitute a hostile work environment under Section 1981.
It seems women working in traditionally male-dominated industries, such as finance, do not just face pay inequity or discrimination and harassment - they also receive harsher, career-limiting discipline far more often than their male counterparts. That is the startling finding from a new study titled "When Harry Fired Sally: The Double Standard in Punishing Misconduct" conducted by researchers at the University of Chicago Booth School of Business, Stanford University, and the University of Minnesota.