Daily Developments in EEO Law by Paul Mollica

A running commentary (since 2004) on the follies and fortunes of employment discrimination law in the federal courts of appeal - with occasional detours, at the author's discretion.

EEOC v. Hosanna-Tabor Evangelical Lutheran Church and School, No. 09-1134 (6th Cir. Mar. 9, 2010)
Posted by: Paul Mollica
March 09, 2010
Topic: Daily Developments in EEO Law

The "Ministerial Exception," a First Amendment Free Exercise rule implied by federal courts into civil rights laws, gets another run around the block by the Sixth Circuit, which holds that a grade school teacher at a religious school who taught primarily secular subjects falls outside the exception and may pursue her claim under the ADA.

Brzak v. United Nations, No. 08-2799 (2d Cir. Mar. 2, 2010); Lake v. Yellow Transporation, Inc., No. 09-1392 (8th Cir. Mar. 2, 2010); Murphy v. Comer Oil U.S.A., No. 07-60756 (5th Cir. Feb. 26, 2010)
Posted by: Paul Mollica
March 02, 2010
Topic: Daily Developments in EEO Law

The United Nations and its staff win immunity in a sex-discrimination lawsuit, the Eighth Circuit sends a race-discrimination case back for trial, and the Fifth Circuit sadly vacates a progressive panel opinion for rehearing.

Mora v. Jackson Memorial Hospital, No. 08-16113 (11th Cir. Feb. 23, 2010); Brown v. Alabama Department of Transportation, No. 08-14371 (11th Cir. Feb. 23, 2010)
Posted by: Paul Mollica
February 23, 2010
Topic: Daily Developments in EEO Law

Plaintiffs chalk up two, at least partial, wins in the Eleventh Circuit. In the first, an ADEA case, a per curiam decision (reversing summary judgment) goes to show that the Gross v. FBL Financial Services, 129 S. Ct. 2343 (2009), decision had some negative repurcussions for employers, as well as employees. In the second, a thorough, 53-page opinion affirms a plaintiff's Title VII trial victory on three of nine counts in a promotion case, though reversing the balance of the judgment, and remanding to the district judge for a new backpay and injunctive remedy.

Gorzynski v. JetBlue Airways Corp., No. 07-4618 (2d Cir. Feb. 19, 2010)
Posted by: Paul Mollica
February 21, 2010
Topic: Daily Developments in EEO Law

A three-fer for employment discrimination plaintiffs, from the Second Circuit: (1) If the supervisor is also the harasser, telling him to bug off might be enough to defeat the Faragher/Ellerth defense. (2) The court recognizes an age-plus-sex case under the ADEA, and observes that a plaintiff need not necessarily have to plead it in the complaint to survive summary judgment. (3) A gap as long as two to three months between a protected activity and termination might still support an inference of retaliation.

Ragone v. Atlantic Video, No. 08-4666 (2d Cir. Feb. 17, 2010); DeRosa v. National Envelope Corp., No. 08-2562 (2d Cir. Feb. 17, 2010)
Posted by: Paul Mollica
February 17, 2010
Topic: Daily Developments in EEO Law

Today, a pair of Second Circuit opinions: the first affirming an order compelling arbitration of a Title VII, state- and NYC-law sex harssment and retaliation case, but with an asterix; and the other reversing summary judgment in an ADA case, where the district court erroneously applied the rule of judicial estoppel to a state disability benefit form.