The Seventh Circuit today reverses dismissal of a union member's complaint that she was discriminated against in job referrals because of sex, in violation of Title VII. The court observes that she was not obliged to file an EEOC charge the first time she suffered discrimination, and was timely provided that she suffered one denial or more during the 300-day period before filing. The panel also notes that a failure of an applicant to register formally and repeatedly for openings does not necessarily bar a Title VII action.
The Fifth Circuit takes up the question of when it might constitute race discrimination (under 42 U.S.C. § 1981) for a union not to pursue a theory of race discrimination in a grievance proceeding. The Fifth Circuit affirms summary judgment of the local union and union representative, holding that it was not an "adverse action" in this case, but in the particular setting where the employee himself got to present a discrimination theory on his own behalf.