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SOUTH-WESTERN LEGAL STUDIES IN BUSINESS CASE UPDATESEMPLOYMENT DISCRIMINATION
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| SW Legal's Case Updates is a SW Legal Studies service to provide briefs of the latest state and federal court cases. Review the summaries and, for cases of interest, select the case brief. If you cannot find a case of interest, return to Topic Index . |
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Title
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Summary
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Punitive Damages without Compensatory Damages May Be Awarded Briefed Case |
Appeals court held that where an employer allowed a racially hostile work environment to exist for years, there was no violation of due process for a jury to award plaintiffs punitive damages but no compensatory damages. The law does not require compensatory damages to exist to justify punitive damages. |
Employer Must Attempt Reasonable Accommodation of Religious Preferences Briefed Case |
Massachusetts high court held that an employer was liable for discrimination when it fired an employee who would not work on his Sabbath. The employer made no effort to provide accommodation by seeing if schedule swaps could handle the matter or not. |
Employer Has Duty to Discuss Reasonable Accommodation for Disabled Employee Briefed Case |
Connecticut high court held that an employer who dismissed a disabled employee without discussing reasonable accommodation, to determine if the employee could perform his job with accommodation, violated the law against disability discrimination. |
Medical Dope Smoking Need Not Be Tolerated by California Employers Briefed Case |
California high court held that the legality of marijuana use for medical purposes only applied to state criminal matters; it did not require employers to allow disabled employees to use marijuana as an accommodation. |
Terminated Employees Fails to Establish Prima Facie Case of Discrimination Briefed Case |
Appeals court affirmed that a terminated employee failed to establish a prima facie case of either sex discrimination or age discrimination. The employer provided legitimate reasons for termination that were not age related and the alleged favoritism to women was not shown to affect his position. |
Employees Pressured to Retire Stated Claim for Age Discrimination Suit Briefed Case |
Appeals court held that two waitresses who claimed they were pressured to retire and given inferior assignments and time schedules, had made a sufficient claim of age discrimination for their suit to proceed. |
Employee May Be Fired for Improper Message Related to Alleged Harassment Briefed Case |
Appeals court held that an employee had no cause of action for sex harassment. He claimed to have been harassed by another employee, but failed to complain to the employer. He was fired after he sent the other employee an unsigned message telling him to “stop.” That communication was not protected. |
Obesity Not a Protected Class; If It Is a Disability, Employee Failed to Provide Evidence of Discriminatory Treatment Briefed Case |
Court dismissed a suit by an employee who claimed she was subject to discrimination and hostile treatment because of obesity. Obesity is not a protected class. If it is a disability, the employee failed to show discriminatory treatment on that basis. |
Prevailing Party May Get Attorney Fees Even if No Damages Awarded Briefed Case |
Appeals court upheld a decision that an employee who prevailed in a discrimination case, but was not awarded damages, could still be awarded attorney fees, as permitted by law at the discretion of the trial court. |
Employee Must Raise Evidence of Discriminatory Treatment to Have Case Proceed Briefed Case |
Appeals court held that a Title VII suit could not proceed because the employee failed to meet the fourth part of the prima facie test-showing that he suffered an adverse employment action on the basis of national origin. |
Damages of
$700,000 Awarded to Bilingual Workers Forbidden from Speaking Spanish at
Work Briefed Case |
Trial court awarded 13 former employees a total of $700,000 in compensatory and punitive damages for the retaliation they suffered, including dismissal, for their protesting an English-only policy adopted by their employer. Employees were allowed to speak Spanish only to Spanish-speaking customers. |
Failure to Cover Contraception Not in Violation of Pregnancy Discrimination Act
Briefed Case |
Appeals court held that a company medical plan that excluded the costs of contraception was gender neutral, so was not sex discrimination, and did not violate the Pregnancy Discrimination Act since contraception is not a medical treatment for pregnancy. |
Retaliation May Exist Even if Employee Not Demoted
Briefed Case |
Supreme Court held that the retaliation provision of Title VII is broad in application. Any action taken by an employer that a jury finds to be “materially adverse” to an employee is an issue properly for review by a jury. |
Courts May Not Take Discrimination Suits That Fall Under Ministerial Exception
Briefed Case |
Appeals court held that due to First Amendment freedom of religion, federal courts are precluded from subject matter jurisdiction over employees of religious organizations who fall under the ministerial exception. |
City Cannot Justify Forced Racial Balancing of Employee Assignments
Briefed Case |
Appeals court held that a city violated the equal protection rights of employees who were forced to transfer so as to achieve racial balance at all fire stations in the city. The city failed to show a compelling interest that could justify such a policy. |
Morbid Obesity Not an ADA-Protected Disability Unless Physiological
Briefed Case |
Appeals court held that an employer was not liable under the ADA for dismissing an obese employee. The weight affected his ability to perform his job. Morbid obesity is not a disability unless it is physiological in origin. |
Employer Liable for Dismissal of Employee Regarded as Having Disability
Briefed Case |
Appeals court held that a jury could find that an employer dismissed an employee with hepatitis because the employer regarded the employee as disabled and the jury can determine if punitive damages for malicious action by the employer are justified. |
Unequal Pay May Be Justified By Different Work Output
Briefed Case |
Appeals court accepted the explanation of a car repair shop that a white employee was paid almost double the pay of a Hispanic employee because the pay was based on the quantity of repair work performed per hour. |
Harassment in Retaliation for Title VII Complaint Creates Basis for Claim
Briefed Case |
Appeals court held that where an employee is subject to harassment in retaliation for a previous claim of discrimination, a hostile work environment claim may exist even if there is no demotion or dismissal. |
Kidney Failure Is a Disability
Briefed Case |
Appeals court held that an employee who suffered kidney failure that required regular dialysis was disabled. As such, he can pursue his claim for discrimination for not being promoted in favor of a candidate who appeared to have been less qualified but not disabled. |
Making Employee Move to Avoid Sexual Harassment May Be Adverse Job Action
Briefed Case |
Appeals court held that an employee could win a judgment against a former employer who transferred him to a position 120 miles away from where he had been working so as to get him away from sexual harassment on the job. |
Sexual Favoritism Can Be Basis for Sex Discrimination Briefed Case |
California high court held that a cause of action existed for sex discrimination by a woman who was passed over for promotion in favor of a less qualified woman who was having an affair with the supervisor doing the hiring. It was part of a pervasive demeaning work atmosphere for women. |
Medical Leave Policy Does Not Discriminate Against Pregnant Women Briefed Case |
New Jersey high court held that an employer that allowed employees to take up to 26 weeks medical leave and then return to work or be fired was a neutral policy that did not discriminate against pregnant women. |
Employer’s Offer to Help Employee with Sexual Harassment Claim Is Affirmative Defense Briefed Case |
Appeals court held that an employer had an affirmative defense against an employee who claimed he was constructively discharged due to sexual harassment. The employer offered to help the employee, but he rejected assistance. |
Use of Personality Tests to Uncover Possible Mental Problems Violates ADA Briefed Case |
Appeals court held that for an employer to give a personality test as a condition of employment violates the ADA when the test is used to uncover possible mental disorders as such a test is a medical examination, even if medical personnel are not used in the process. |
Transsexual Protected Against Sex Discrimination in Employment Decision Briefed Case |
Appeals court upheld a verdict in favor of a police officer whom the jury found to have not been promoted because he was a transsexual in the process of becoming a woman. Sex was the improper motivating factor in the employment decision. |
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Circumstantial Evidence May Prove Age Discrimination
Briefed Case |
Appeals court held that so long as a claim of
age discrimination meets the McDonnell-Douglas prima facie test,
the suit may proceed. If there is not direct evidence of discriminatory
intent, circumstantial evidence can be sufficient for plaintiff to prevail. (Updated July 2005) |
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ADEA Permits Disparate-Impact Cases Just Like Title
VII
Briefed Case |
Supreme Court cleared up decades of confusion
by holding that an age discrimination claim based on disparate impact may
be brought under the ADEA. The language of the ADEA and Title VII are nearly
identical as to causes of actions. (Updated May 2005) |
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Equal Job Titles Does Not Mean Equal Pay Is Deserved
Briefed Case |
Appeals court held that the Equal Pay Act was
not violated by a county that paid two women department heads less than
some men department heads. The pay differential was justified by educational
levels required for some positions and additional duties required of others. (Updated May 2005) |
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Hospital Must Prove That Hiring Male Nurses in OB
Ward Would Be Harmful
Briefed Case |
High court of SW Legal Virginia held that for a hospital
to be justified for refusing to hire a qualified male nurse to work in the
obstetrics ward, it must prove that sex is a bona fide occupational qualification
and that the service or patients would be adversely affected by the presence
of male nurses. (Updated March 2005) |
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Age Difference in Age Discrimination Case Less Importance
than Substance of Case
Briefed Case |
Ohio high court held that a 49-year-old person
who was fired and replaced by a 42-year-old had a prima facie case of age
discrimination. The fact that the two are not far apart in age is not as
important as an inquiry into the reason for the dismissal-was it based on
age or not? (Updated March 2005) |
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Two Causes of Action May Apply to Sex Harassment
Case
Briefed Case |
Appeals court held that a woman who contended
that she was fired for refusing to submit to repeated sexual advances may
sue on the basis of hostile work environment and for discrimination based
on an adverse employment action. (Updated December 2004) |
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Company May Be Liable for Hidden Bias by Supervisor
Briefed Case |
Appeals court held that if an employee could
show that his termination involved age discrimination by a supervisor, who
claimed to have fired him for financial reasons, then the company could
be liable even though it had no knowledge of the bias because it gave the
supervisor authority to make the decision without adequate internal review. (Updated December 2004) |
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Employer Failed to Have Policy or Process to Deal
with Religious Discrimination
Briefed Case |
Appeals court held that an employee who was fired
after he complained about being discriminated against on the basis of religion
established a prima facie case because the employer failed to have an antidiscrimination
policy or complaint process. (Updated November 2004) |
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Alcoholism Not Necessarily an Impairment for Disability
Purposes
Briefed Case |
Appeals court held that a company fired an employee
for drinking on the job in violation of company rules. While the employee
was an alcoholic, his work performance was good, so he was not dismissed
because of his condition. (Updated April 2004) |
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ADEA Protects Relatively Old Workers Compared
to Relatively Young Workers
Briefed Case |
Supreme Court held that a change in company benefits
that reduced retirement benefits for workers then under age 50 was not age
discrimination. The concern of the ADEA is to protect relatively old workers
in contrast to relatively young workers, so the workers age 40-49 could
not claim the Act had been violated. (Updated April 2004) |
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Management Discussion Provided Evidence of Age
Discrimination Intention
Briefed Case |
Appeals court held that a jury properly found
a company to have engaged in age discrimination when it dismissed an older
sales representative in favor of a younger person. There was sufficient
evidence of the company's decision to establish a younger sales force and
push out the older representatives. (Updated March 2004) |
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Jury Verdict for Harassment Victim to Be Overturned
if Supporting Evidence Absent
Briefed Case |
Appeals court held that a trial judge was wrong
to set aside a jury's verdict of $242,000 damages in a sexual harassment
case and instead grant $10,000 in damages. A verdict is to be overturned
only if there was no evidence to support the verdict or the amount shocks
the conscience of the court. (Updated February 2004) |
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Improper Use of Medical Information May Violate
ADA Even if No Disability
Briefed Case |
Court rejected an employer’s request to
dismiss a suit brought by a former employee who sued for violation of the
ADA for sharing medical information about the employee with prospective
employers. Even if the employee is not disabled, improper use of medical
exams and information is a violation of the ADA. (Updated February 2004) |
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Retaliation Cases under ADA Have No Right to Jury
Trial or Compensatory or Punitive Damages
Briefed Case |
Appeals court upheld the decision of a trial
court that a suit for retaliation under the ADA does not have a statutory
basis to request compensatory or punitive damages, only remedies in equity.
Hence, there is no right to a jury trial. (Updated February 2004) |
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In Age Discrimination, Replacement Worker Should
Be "Substantially Younger"
Briefed Case |
Appeals court held that a manager who was demoted
for poor performance and replaced by a person six years younger, failed
to provide a prima facie case of age discrimination. Absent other evidence,
the age difference must be greater for there to be a presumption of discrimination
in the employment action. (Updated January 2004) |
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Sanctions Imposed on EEOC for Failure to Follow
Proper Procedure
Briefed Case |
Appeals court affirmed the imposition of financial
sanctions on the EEOC for failing to follow the procedure mandated by Title
VII to attempt to conciliate disputes with employers. The agency sued the
employer without offering any basis for liability and ignored the employer's
offer to engage in conciliation talks. (Updated October 2003) |
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State Statute of Limitations Used When Federal
Civil Rights Statute of Limitations Not Set
Briefed Case |
In a case that claimed intentional discrimination
in employment in the 1950s and 1960s, the Appeals court held that since
the federal civil rights act invoked did not specify a statute of limitations,
the courts look to the closest state statute for guidance. The two-year
statute of limitations on personal injury cases had been exceeded, so there
could be no case. (Updated July 2003) |
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Sales Clerk at Sex Shop Could Suffer Sexual Harassment
Briefed Case |
Appeals court upheld a claim of sexual harassment
by a sales clerk at an adult sex-products shop who claimed that he was subjected
to a hostile work environment by his supervisor because of the treatment
he suffered related to use of sex products. (Updated July 2003) |
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Applicant Denied Promotion Failed to Show He
Was as Qualified as Employees Selected
Briefed Case |
Appeals court upheld the dismissal of a suit
for age and race discrimination because the plaintiff failed to establish
a prima facie case for discrimination. The two employees selected for promotion
had more relevant experience for the positions, and there was no evidence
that race or age was a factor. (Updated June 2003) |
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Taking Prescription Drugs Does Not, By Itself,
Make a Person Disabled
Briefed Case |
Appeals court held that, contrary
to the EEOC's position, a trucking company could refuse to hire as truck
drivers persons who took prescription medications that could have harmful
side effects. Just because a person takes prescription medicine does not
mean they are disabled or perceived as having a disability under the ADA. (Updated April 2003) |
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Health Care Plan Need Not Provide Coverage
for Infertility Treatment
Briefed Case |
Appeals court held that an employer's
health care plan did not violate the Pregnancy Discrimination Act for not
providing coverage of surgery to deal with infertility. The plan did not
provide such benefits to either men or women, so the fact that certain procedures
are only for women is irrelevant. (Updated April 2003) |
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Supervisor's Statements Create Prima Facie
Case of Discrimination
Briefed Case |
Appeals court held that statements
made by a supervisor about a fired employee presented sufficient evidence
of discrimination based on sex and national origin. The employee's suit
should proceed. (Updated March 2003) |
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No Title VII Suit Unless Employer Has Required
Number of Employees
Briefed Case |
Appeals court affirmed the dismissal
of a suit for sexual harassment because the employee could not show that
the employer had more than 14 employees during 20 weeks of any year when
the employee worked. Title VII suits require at least that employee count
for the law to be available to employees. (Updated March 2003) |
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Supervisor's Remarks Provide Basis for Age
Discrimination Suit
Briefed Case |
Appeals court held that the remarks
of a supervisor about an employee's age, which preceded his being fired,
provided a prima facie basis for an age discrimination suit that put the
burden on the employer to show that the reason for the dismissal was not
age related. (Updated March 2003) |
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Sexual Harassment Based on Homosexuality May
Be Basis of Title VII Action
Briefed Case |
Appeals court held that an openly
gay male who contended that he was subject to constant physical and verbal
harassment at work by male co-workers because of his sexual orientation
has a cause of action to sue his employer under Title VII which prohibits
all sexual harassment. (Updated February 2003) |
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Physician with Sleep Disorder Loses License;
Not Qualified for Disability Protection
Briefed Case |
Appeals court affirmed the decision
of a state medical licensing board to revoke the license of a physician
who suffered from a sleep disorder that caused him to endanger patients
during surgery. ADA protection is not available because no reasonable accommodation
is possible. (Updated January 2003) |
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Veganism Not a Religion for Purposes of Employment
Discrimination
Briefed Case |
Appeals court affirmed that a person
denied employment because of his vegan beliefs could not sue for religious
discrimination. Veganism involves various beliefs that do not rise to the
level of a religious creed. (Updated January 2003) |
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No Front Pay Award for Employee Sent to Prison
Briefed Case |
Appeals court held that when an employee
is convicted of a crime, and blames the commission of the crime on discrimination
he suffered at work, as a matter of law the employer is not responsible
for the crime and cannot be responsible for future wages the employee would
have earned. (Updated January 2003) |
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Constructive Discharge Occurred When Employee
Left Under Supervision of Harasser
Briefed Case |
Appeals court affirmed verdict against
an employer that failed to respond to a complaint by an employee that her
supervisor was sexually harassing her. Failure to respond to the complaint
means the company loses the defense that it has an effective harassment
policy. (Updated December 2002) |
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Diabetes Treatment Does Not Constitute Disability
Under ADA
Briefed Case |
Appeals court affirmed that diabetes
is not a disability under the ADA when diet and insulin can control it.
An employee does not have the right to have their work schedule altered
to take a longer-than-usual lunch break for the purpose of eating particular
foods and taking insulin. (Updated December 2002) |
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Reverse Age Discrimination Meaningless at Law
Briefed Case |
Appeals court held that reverse age
discrimination is meaningless at law. There is either age discrimination
or not. For an employer to give better benefits to workers over age 50 than
to workers between ages 40 and 49 may be age discrimination. (Updated December 2002) |
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No Religious Discrimination Possible If Employer
Ignorant About Complainant's Religion
Briefed Case |
Appeals court held that when an employer
refused to hire a person, who then contended that he was not hired because
of his religion, that a prima facie case was not established because the
complainant could not show that the employer knew of the complainant's religion. (Updated December 2002) |
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Some Discriminatory Acts That Occur Before
the 300-Day Filing Period Are Actionable
Briefed Case |
Supreme Court held that discriminatory
acts that occur before the 300-day filing requirement of Title VII may be
actionable if they are related to acts that occurred within the 300-day
period that are part of a hostile work environment. (Updated July 2002) |
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Reasonable Accommodation Is Not to Upset Seniority
Systems
Briefed Case |
Supreme Court held that in general
seniority systems are protected from being upset by a disabled person demanding
a position that would otherwise go to an employee with greater seniority
and rights to the position under company work rules. (Updated July 2002) |
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Meeting McDonnell Douglas Test Establishes
Prima Facie Case of Employment Discrimination
Briefed Case |
Supreme Court held that if an employee
files a complaint against an employer for employment discrimination, as
long as the McDonnell Douglas four-part test has been met the employee has
provided enough for the complaint to proceed; no specific facts to prove
discrimination need be provided in the complaint. (Updated April 2002) |
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Overtime May Be Essential Requirement of a
Job
Briefed Case |
Appeals court held that when a job
category routinely requires employees to work 60-80 hours per week, if a
disability does not allow an employee to work more than 40 hours per week,
then there is no obligation to restructure the workforce to accommodate
the smaller workload. (Updated March 2002) |
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Federal Safety Standards Can Be Basis of Physical
Requirements for Employment
Briefed Case |
Appeals court affirmed that an employer
could dismiss an employee who drove a truck for them once the employee began
to take medication needed to control seizures. Medical standards of the
Department of Transportation covered such conditions, giving the employer
a clear safety standard to follow. (Updated March 2002) |
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Back Pay Damage Calculation Include Chance
of Promotion
Briefed Case |
Appeals court upheld the damage award
to employees who won a reverse discrimination suit. Since only some of the
plaintiffs in the suit would have been promoted in the absence of discrimination,
the judge properly calculated damages based on the likelihood that each
plaintiff would have been promoted at various times. (Updated February 2002) |
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Lower Pay for Woman Professor Violates Equal
Pay Act
Briefed Case |
Appeals court upheld a verdict in
favor of a woman professor who contended she was paid less than men professors
who had similar backgrounds and duties. While the professors who were compared
were not identical, they were similar enough to indicate a pattern of pay
disparity based on sex. (Updated January 1, 2002) |
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Negative Work Evaluations Not Grounds for Constructive
Discharge Claim Without More
Briefed Case |
Appeals court affirmed that a woman
who quit, claiming constructive discharge, had no case against her employer.
She failed to show that she suffered a direct job consequence as a result
of having had an affair with an office manager. The fact that her work evaluations
declined was not sufficiently oppressive to constitute constructive discharge. (Updated December 1, 2001) |
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Retaliatory Discharge for Complaint of Sexual
Harassment for Jury to Determine
Briefed Case |
A woman employee ended an affair
with her supervisor and was later fired when she complained to their manager
about continuing harassment by her former boyfriend. Appeals court held
that a jury verdict for a woman who contended the dismissal was retaliation
was properly decided and would stand. (Updated December 1, 2001) |
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Vulgar Sexual Horseplay, Absent Desire or Hostility,
Is Not Sexual Harassment
Briefed Case |
Appeals court reversed a jury finding
for a male employee who sued for sexual harassment after having been grabbed
in the genitals by a supervisor. Evidence indicated that this practice,
while vulgar, was common at the workplace, and indicated neither sexual
desire or hostility, so there was no violation of Title VII on the part
of the employer for failing to stop the practice. (Updated November 1, 2001) |
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Gender Discrimination Includes Discrimination
Based on Transsexualism in New Jersey
Briefed Case |
Appeals court held that a woman,
who had changed her sexual identity and had been dismissed from employment
during the process, had a cause of action against her employer for gender
discrimination based on transsexualism under New Jersey's Law Against Discrimination. (Updated October 1, 2001) |
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Inability to Drive Is Not a Disability
Briefed Case |
Appeals court affirmed dismissal
of a disability discrimination suit brought by an employee whose job required
some driving. Due to medical treatment, she was not to drive for six months.
The court held that the inability to drive was not a qualified disability
since she her medical condition did not affect her ability to do her work. (Updated September 1, 2001) |
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Severe Allergy May Be Disability Requiring
Reasonable Accommodation
Briefed Case |
Appeals court held that a driver
who suffered from a severe allergy that required a medication that would
make him sleepy could well be disabled. That might require the employer
to consider a transfer for the employee to a location where the allergy
would not be a problem as a reasonable accommodation. (Updated September 1, 2001) |
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Refusal to Provide Second Transfer to Paranoid
Employee Not a Failure to Accommodate
Briefed Case |
Appeals court upheld the dismissal
of a suit for failure to provide reasonable accommodation for a worker suffering
from a mental disability, paranoia. The company had transferred him from
one plant to another plant, to help him "escape" people who were
persecuting him; the company's refusal to later send him back to the first
plant at his request was not unreasonable. (Updated September 1, 2001) |
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Front Pay Damages Are Not Subject to Damage
Caps
Briefed Case |
Supreme Court reversed a lower court
decision by ruling that front pay damages in employment discrimination cases-the
award for compensation lost between judgment and reinstatement in employment
or in lieu of reinstatement-are not capped, but are subject to the discretion
of the court under the circumstances. (Updated August 1, 2001) |
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Company Harassment Policy And Action Defeats
Suit for Sexual Harassment
Briefed Case |
Appeals court affirmed a ruling in
favor of an employer sued for sexual harassment. The harassment did occur,
but the employee did not take advantage of a clear company policy about
reporting such matters. (Updated August 1, 2001) |
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Dirty Talk Does Not Constitute Same-Sex Harassment
Briefed Case |
Appeals court held that a male employee
who sued Wal-Mart for sexual harassment because of his supervisor's vulgar
talk did not demonstrate that the talk was directed at him or was based
on gender. The talk did not rise to the level of sexual harassment that
created a hostile work environment. (Updated August 1, 2001) |
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Administrative Procedure Requirements Must
Be Followed or Case Is Barred
Briefed Case |
Florida appeals court held that a
former employee who filed a race discrimination complaint against her former
employer lost her right to sue because she failed to request an administrative
hearing after the Commission on Human Relations had issued a "no cause"
finding on her complaint. (Updated August 1, 2001) |
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At-Will Employment Is a Contract for Purposes
of § 1981 Civil Rights
Briefed Case |
Appeals court held that an at-will
employment relationship is a contract for purposes of a claim by an employee
that she was subject to racial discrimination. § 1981 prohibits racial
discrimination in contracts; there is an employment contract for purposes
of applying that statute. (Updated July 1, 2001) |
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Exclusion of Contraceptive in Prescription
Plan for Employees Is Sex Discrimination
Briefed Case |
Court held that for an employer to
not include prescription contraceptives in a prescription plan offered to
employees as a benefit of employment is a violation of the Pregnancy Discrimination
Act because it discriminates against women in a manner related to pregnancy. (Updated July 1, 2001) |
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Discriminatory Events Must Occur Within Statute
of Limitations Time Prior to Filing Complaint
Briefed Case |
Appeals court affirmed the dismissal
of a suit for race and sex discrimination brought by a former employee.
The last discriminatory event claimed in the complaint occurred two years
before the complaint was filed, which was outside the one-year statute of
limitations in Minnesota. (Updated July 1, 2001) |
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Involuntary Obscene Talk Is Disability That
Employer Could Not Accommodate
Briefed Case |
An employee suffering from Tourette
Syndrome, which caused involuntary outbursts of obscene words, was disabled.
The employer did not violate the law by dismissing the employee since the
disability prevented the employee from behaving with respect toward customers
and other employees. (Updated June 1, 2001) |
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Disability Accommodation Need Not Include Union
Position for Disabled Union Worker
Briefed Case |
Appeals court affirmed that reasonable
accommodation for a union worker who becomes disabled does not have to include
maintenance of a union position if the new position is in a non-union part
of the operation. The employer accommodated the disabled worker by offering
a reasonable job; it need not have all terms and benefits of the previous
job. (Updated June 1, 2001) |
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Hostile Work Environment Suit May Be Brought
Under ADA
Briefed Case |
Appeals court affirmed a jury verdict
for a disabled worker who had been accommodated with a job he could perform
but was subject to harassment by other workers and some supervisors because
of his disability. (Updated June 1, 2001) |
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Single Sexist Comment Insufficient for Sexual
Harassment or Retaliation Claim
Briefed Case |
The Supreme Court held that a woman
who heard a sexist comment while at a committee meeting did not have sufficient
grounds to sue for sexual harassment. Further, the fact that the employer
transferred her was not shown to be retaliation for her EEOC complaint since
the transfer had been discussed previously. (Updated June 1, 2001) |
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Retaliation Claims May Be Added to Discrimination
Suit After EEOC Right to Sue Letter Issued
Briefed Case |
Appeals court held that when an employee
files a discrimination claim under Title VII with the EEOC, and is eventually
issued a right to sue letter, that retaliation that arises on the job after
the EEOC filing may be added to the claims brought in court, without a new
EEOC filing, when the retaliation is related to the original discrimination
claim. (Updated May 1, 2001) |
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Prima Facie Requirements for Equal Pay Act
Violation Not Established
Briefed Case |
Appeals court upheld the dismissal
of a suit brought for violations of the Equal Pay Act and Title VII for
a company failing to promote a woman to a managerial position. Since the
work she performed was not equal to that of a man in the managerial position,
and because the position she wanted never existed, she did not establish
a prima facie case for violating either act. (Updated May 1, 2001) |
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Trucking Company Need Not Reschedule Drivers
to Accommodate Religious Beliefs
Briefed Case |
Appeals court upheld the dismissal
of a religious discrimination suit brought by a truck driver. His employer
often used crews of mixed sex, which violated the employee's religious beliefs.
The employer had no duty to rearrange the work schedule since it could impose
a hardship on some other worker in some instances. (Updated March 1, 2001) |
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Active Alcoholism Not a Protected Disability
for Employment Purposes in North Carolina
Briefed Case |
Appeals court held that an at-will
employee dismissed for active alcoholism had no cause of action against
his employer for disability discrimination since the statute in North Carolina
expressly listed that condition as not being protected in the employment
relationship. (Updated March 1, 2001) |
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Job Titles Matter Less Than Substance of Job
Duties When Comparing Pay Differentials
Briefed Case |
Appeals court upheld the dismissal
of a suit brought for violation of equal pay for equal work. While the male
and female employees had the same job titles, the female employee had no
managerial duties, so the substance of their jobs was different, which is
the focus of inquiry in such cases. (Updated January 1, 2001) |
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Affirmative Action Upheld as Basis for Differential
Hiring Standards
Briefed Case |
Court dismissed a suit for race discrimination against United Air Lines. The company may have differential hiring standards based on race, in this case second-language ability, to help correct an imbalance in the labor force that results in under-representation of qualified black flight attendants. (Updated January 1, 2001) |
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