Two appeals reviewing jury trials in Title VII cases came down today. In the first, the plaintiff - a physician - wins two claims at trial (retaliation and constructive discharge, centered on claims of racial discrimination), but loses the latter claim on appeal, necessitating a remand for recalculation of damages. In the second, the plaintiff lost her sex discrimination and retaliation trial, but the Seventh Circuit vacates and remands, criticizing the unnecessarily complicated and inaccurate jury verdict and instruction forms.
On a day when we can celebrate a major legal victory for marriage rights - the Ninth Circuit's rejection of California's Proposition 8 - a court on the other side of the country quietly issues a complementary decision, holding that a public employer need not accommodate the anti-gay religious beliefs of a benefits counselor who declares her refusal to assist same-sex couples.
One of the most memorable hostile-work-environment facts encountered in a recent published federal opinion: The manager - who has a history of physically threatening the plaintiff - rips off his shirt at work and tells the employee, "You don't know who you are talking to. See these scars. I was shot and was in jail." The Fifth Circuit reverses summary judgment in an ADEA and Title VII harassment case.