The U.S. Supreme Court in recent terms has encouraged federal courts to weed out supposedly meritless civil claims by use of the Rule 12(b)(6) motion to dismiss for failure to state a claim. Yet the Seventh Circuit reaffirms this week that this method is often not appropriate for Title VII discrimination and retaliation claims. The panel vacates and remands dismissal of a Title VII complaint, holding that the district court was too quick to demand facts and evidence in support of the class before discovery commenced. The court also reverses a decision holding that some of the claims were allegedly preempted by the Railway Labor Act.
A Sixth Circuit case addresses the occasional issue of whether Title VII supports "sex-plus" claims - in this case, a claim that she suffered discrimination specifically as an African-American woman. The panel agrees that such a claim can be made, and that the employee may point to treatment of non-African-American women as comparable employees. The case also goes to show the importance of email traffic in discrimination cases.