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.

Turner v. The Saloon, Ltd., No. 07-2449 (7th Cir. Feb. 8, 2010)
Posted by: Paul Mollica
February 08, 2010
Topic: Daily Developments in EEO Law

Though the Seventh Circuit long ago affirmed under National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002), that evidence of pre-charge harassment is admissible to prove a Title VII hostile-work-environment claim (see West v. Ortho-McNeil Pharmaceutical Corp., 405 F.3d 578, 95 FEP 961 (7th Cir. 2005)), it occasionally has to remind the district court judges of this rule, as in this female-on-male harassment case.

Dolgaleva v. Virginia Beach City Public Schools, No. 08-1515 (4th Cir. Jan. 29, 2010)
Posted by: Paul Mollica
January 29, 2010
Topic: Daily Developments in EEO Law

Though the Fourth Circuit ultimately does the right thing in this unpublished opinion, vacating and remanding dismissal of a Title VII national-origin case at the complaint stage, it should throw a scare into plaintiffs'-side lawyers in federal court that a hearing on a Rule 12(b)(6) motion can be the occasion for a mini-trial on the merits.

Lowe v. Independent School District No. 1, No. 08-6231 (10th Cir. Jan. 25, 2010)
Posted by: Paul Mollica
January 25, 2010
Topic: Daily Developments in EEO Law

In a decision recalling last year's Ekstrand v. School Dist. of Somerset, 583 F.3d 972 (7th Cir. 2009), the Tenth Circuit (in an unpublished opinion) reverses summary judgment and remands an ADA reasonable accommodation and constructive discharge case involving a school teacher who sought but did not receive a suitable classroom.

Lewis v. Heartland Inns of America, L.L.C., No. 08-3860 (8th Cir. Jan. 21, 2010)
Posted by: Paul Mollica
January 21, 2010
Topic: Daily Developments in EEO Law

The Eighth Circuit joins other U.S. Courts of Appeals that have ruled on claims that an employer violated Title VII by imposing a sex-stereotyped stigma on a protected employee -- here, taking away a front-desk clerk's daytime hours because she supposedly dressed like Ellen DeGeneres and lacked the "Midwestern girl look." Summary judgment is reversed, on a 2-1 vote, and the case is remanded for trial.

Reeves v. C.H. Robinson Worldwide, Inc., No. 07-10270 (11th Cir. Jan. 20, 2010)
Posted by: Paul Mollica
January 20, 2010
Topic: Daily Developments in EEO Law

A big win for harassment victims is issued today in the Eleventh Circuit, unanimously vacating summary judgment and returning for trial a Title VII claim that generalized hostility to women (such as raunchy talk and pornography in the workplace) may create a hostile work environment, even if not specifically targeted at a particular woman employee.