Jump to Navigation

Posts tagged "Title VII"

EEOC v. New Breed Logistics, No. 13-6250 (6th Cir. Apr. 22, 2015)

The Sixth Circuit chalks up a big win for the EEOC, affirming a jury verdict for four employees awarding compensatory and punitive damages totaling over $1.5 million. The court upholds the rule that telling a sexually-harassing supervisor to cut-it-out is protected "opposition" activity under Title VII, and will support a claim for retaliation. The opinion also highlights the kind of trouble employers can get into when they fail to treat temporary employees as a full-fledged part of the workforce.

McMullin v. MS Dept of Public Safety, No. 14-60366 (5th Cir. Apr. 6, 2015)

The Fifth Circuit issues yet another reminder, in today's Title VII decision, that an employer who stoutly refuses to offer any explanation for a decision to deny a promotion takes a strong chance of having to justify its actions at a jury trial.

Hutchens v. Chicago Board of Education, No. 13-3648 (7th Cir. Mar. 24, 2015)

In an organization otherwise blanketed in paper, it raises eyebrows when the employer's complaints about a worker's performance find no support in the records. The Seventh Circuit vacates summary judgment in this pro se case, and remands for a trial of Title VII and § 1983 claims, where the performance-based reasons offered for a black teacher's termination were at odds with the employer's files and were bolstered mostly by sharply-disputed witness testimony.

Etienne v. Spanish Lake Truck & Casino Plaza, LLC, No. 14-30026 (5th Cir. Feb. 3, 2015)

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."

Riser v. QEP Energy, No. 14-4025 (10th Cir. Jan. 27, 2015)

Employers have often argued that the Equal Pay Act does not apply if the male and female comparable employees spend significant amounts of time on different tasks. Yet the Tenth Circuit today affirmed that if a female employee performs addition al duties beyond a male comparator, that fact does not defeat the employee's prima facie case under the EPA.

Walker v. Mod-U-Kraf Homes, Inc., No. 14-1038 (4th Cir. Dec. 23, 2014)

Closing out the year, here's a valuable reminder from the Fourth Circuit that the decision of whether an employee has objectively suffered severe or pervasive harassment belongs to the jury, not the district court judge. The panel reverses summary judgment, on facts that the opinion recognizes are "close to the line," recognizing that important judgment calls on fact-finding and credibility cannot be resolved without a trial. 

Turley v. ISG Lackawanna, Inc., No 13-561 (2d Cir. Dec. 17, 2014)

For anyone under a misimpression that our nation has totally vanquished racial discrimination in employment, the Second Circuit today affirms a $1.32 million compensatory award by a jury to an African-American employee subjected to scarifying harassment at a steel plant. It also upholds a punitive-damage verdict, though it orders a remittitur of the award of no more than a 2:1 ratio with compensatory damages (about $2.65 million).

State of Arizona v. ASARCO LLC, No 11-17484 (9th Cir. Dec. 10, 2014) (en banc)

The Ninth Circuit, ruling en banc, overrules a prior panel decision and holds that the BMW of N. Am., Inc. v. Gore, 517 U.S. 559 (1996), ratio test for excessiveness of punitive damages is essentially unnecessary for evaluating a capped award under Title VII governed by 42 U.S.C. § 1981a(b)(3)(D).

Young v. United Parcel Service, Inc.: The Supreme Court's Opportunity to Enforce Existing Anti-Pregnancy Discrimination Laws

Should a pregnant employee be treated the same as a non-pregnant employee with a similar work limitation?  The Supreme Court will hear argument on that simple yet hotly contested question on December 3, 2014 in Young v. United Parcel Service, Inc., on appeal from the Fourth Circuit.  707 F.3d 437, 441 (4th Cir. 2013)

Stuart v. Local 727, Int'l BrTherehood of Teamsters, No. 14-1710 (7th Cir. Nov. 14, 2014)

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.

subscribe to this blog's feed subscribe to this blog's feed

tell us about your case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

facebook twitter linked in

our office locations

Outten & Golden LLP
685 Third Avenue, 25th Floor  
New York, NY 10017  
Phone: 212-245-1000
Map and Directions

Outten & Golden LLP
161 North Clark Street
Suite 1600
Chicago, Il 60601  
Phone: 312-809-7010
Map and Directions

Outten & Golden LLP
One California Street, 12th Floor
San Francisco, CA 94111
Phone: 415-638-8800
Map and Directions

Outten & Golden LLP
601 Massachussetts Avenue NW
Second Floor West Suite 200W
Washington, DC 20001
Phone: 202-847-4400
Map and Directions