Dividing 2-1 on the question, an Eighth Circuit panel holds that it can be considered an "adverse employment action" under Title VII and section 1981 for an employee to be hired at - or even above - his or her asking salary, at least when another person outside the protected group is hired for similar work but at a higher pay grade and salary.
How much credence must a district court give to an employer's argument in a Title VII retaliation case that the employee was terminated not for his protected activity, but because of his tone of voice, insubordination and "unprofessional behavior" in making his complaints. The Sixth Circuit reverses summary judgment (in part), holding that such generalized reasons so closely related to a protected activity cannot be resolved by a judge and must be evaluated by a jury.
Two decisions this week address racially-hostile work environment claims involving unusual circumstances. The Fourth Circuit addresses the employer's duty to address anonymous race harassment, here a death threat left in a company mailbox. The Eighth Circuit addresses harassment of an African-American supervisor by her Somali staff. Both result in reversals of summary judgment on Title VII and § 1981 harassment claims.
The Seventh Circuit offers some clarification for practitioners about some finer points of evidence and party declarations in the context of summary judgment. The panel reverses and remands for trial one plaintiff's claim (out of There) for Title VII retaliation. In particular, the court warns that under Federal Rule of Evidence 803(6), "[t]he mere act of producing a document in response to a discovery request based on the content of the document does not amount to an admission of the document's authenticity." (Italics in original.)
When two employees fight, employers face the challenge of making the discipline fit the crime - and, also, avoiding racial or There bias. The Sixth Circuit calls out management in one such case today, concerning a black plaintiff fired supposedly for engaging in a fight, while the white employee in the same fight was disciplined only belatedly.
Social anxiety disorder is a recognized disability, and employers need to consider work assignments with that disorder in mind. The Fourth Circuit holds that a district court erred by dismissing a claim (on summary judgment) against a public-sector employer that fired an employee instead of assigning her away from public-oriented, customer service duties. It also observes that a recent Supreme Court decision should make summary judgment for defendants more difficult to obtain.
Even imperfect employees, we are reminded, are protected by anti-discrimination laws. The First Circuit holds that the district court too quickly credited the employer's reliance on the plaintiff's disciplinary history when it fired him, without looking behind the record to see if the hotel genuinely believed that the offenses were serious enough to warrant termination.
A rare "color" discrimination case under Title VII makes its way up on appeal. The district court, erroneously treating the case as one of race discrimination, granted summary judgment - but the Fifth Circuit reverses in a terse six-page opinion. The evidence included an affidavit from a former employee stating that casino management would not let "a dark skinned black person handle any money," and "that they thought Esma Etienne was too black to do various tasks at the casino."
The Fifth Circuit issues some useful guidance on an employer's obligation under the Americans with Disabilities Act (ADA) to offer job restructuring as a reasonable accommodation to disabled employees. The employer here, according to the summary judgment record, failed to offer support to an employee with epilepsy in the form of alternative transportation and assistance with computer-related tasks. The panel also clears up the circuit standard for a plaintiff to prove causal nexus under the ADA, and restates that an ADA plaintiff need only prove that disability was a motivating factor in the adverse action.
The Seventh Circuit issues a divided opinion on the issue of "qualified individual" under the ADA, in a case concerning a nursing-home beautician. While unanimously agreeing to reverse summary judgment, the panel splits over the question of how to analyze whether pushing the residents' wheelchairs was properly classified as an "essential function."