A district court needs to be reminded that Title VII and § 1983 protect different (if overlapping) interests in a government workplace, that an employee can elect a remedy under either or both, and that a § 1983 claimant need not pursue the administrative prerequisites for Title VII.
Here's two decisions from the Eighth Circuit coming off Rule 50 orders granting judgment as a matter of law to employers. In the first, the court reverses, holding that There was sufficient evidence for a jury to find that an employee was constructively discharged by being knocked down from a title as finance coordinator to the board to a job in food service. In the second, an FMLA retaliation case, the plaintiff does not prevail -- but the court says something very important about proof at trial.
Employees who believe they are not getting ahead in their jobs because of sex, race, disability, age or other factors, take heed: unless you actually apply for - or at very least, express interest in - a promotion, you may not have a claim for discrimination. Such an application is an important step to preserving your rights, even if you think the outcome is preordained against you.
Two decisions issued today demonstrate the challenge employers face in managing claims of retaliation. If the summary judgment records in these cases are to be believed, the decision-makers were all-too-eager to announce their intention to get even with employees who made complaints of discrimination.
A 6-5 en banc decision from the Eighth Circuit affirms summary judgment in a sex and national-origin discrimination case involving the hiring of firefighters, vacating a prior decision that reversed summary judgment. The court disaffirms language located in 62 published, panel decisions since 1987 (collected in an appendix to the opinion) stating that summary judgment ought to be applied sparingly in employment discrimination cases.
It is uncommon for a losing party to persuade a U.S. Court of Appeals panel to reverse its outcome on a motion for rehearing, but the age discrimination plaintiff in this case pulled it off, winning a remand (in a 2-to-1 decision) of his claim for a trial under the Missouri Human Rights Act (MHRA).
Updated to September 4, 2019