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.

Hatmaker v. Memorial Medical Center, No. 09-3002 (7th Cir. Aug. 30, 2010)
Posted by: Paul Mollica
August 31, 2010
Topic: Daily Developments in EEO Law

The Seventh Circuit enters into a long-standing split about what level of protection - for purposes of the Title VII anti-retaliation section - an employer must give the employee's "participation" in an internal harassment investigation prior to an EEOC charge being commenced. While some circuits have treated it as a litigation privilege, with nearly absolute protection against retaliation even if the complaints are frivolous or false, the Seventh Circuit holds that (1) there is a good-faith requirement for "participation," and (2) in any event, "participation" means only involvement in an official Title VII proceeding.

Watson v. CEVA Logistics U.S., Inc., No. 09-3322 (8th Cir. Aug. 30, 2010); Sheriff v. Midwest Health Partners, No. 09-3367 (8th Cir. Aug. 30, 2010)
Posted by: Paul Mollica
August 30, 2010
Topic: Daily Developments in EEO Law

Plaintiffs score two wins in the Eighth Circuit today. In the first case, the panel reverses summary judgment in a race hostile-work-environment case with especially corrosive facts. In the second, the plaintiff wins affirmance of a jury verdict in a Title VII case; the panel splits over the question of what kind of record is required to support employee-numerosity for the damage-ceiling provisions in section 1981a(b)(3)(A).

EEOC v. UPS Supply Chain Solutions, No. 08-56874 (9th Cir. Aug. 27, 2010); Lewallen v. City of Beaumont, No. 09-40826 (5th Cir. Aug. 23, 2010)
Posted by: Paul Mollica
August 27, 2010
Topic: Daily Developments in EEO Law

The EEOC reverses summary judgment in an ADA reasonable accommodation case in the Ninth Circuit, concerning ASL interpreters for the deaf. And cheers to a tough trial team in Texas who prevailed in a equal-protection sex discrimination case against a city police department - also winning an appeal, in an unpublished Fifth Circuit opinion - showing all that it takes to win justice in one of these cases.

Fuller v. Fiber Glass Systems, L.P., No. 09-2732 (8th Cir. Aug. 25, 2010)
Posted by: Paul Mollica
August 25, 2010
Topic: Daily Developments in EEO Law

In the Eighth Circuit today, a plaintiff keeps her jury verdict and $65,000 emotional distress award following a Title VII/? 1981 trial, in a case demonstrating that some racist tendencies persist in the workplace.

Berry v. Chicago Transit Authority, No. 07-2288 (7th Cir. Aug. 23, 2010); Jones v. Oklahoma City Public Schools, No. 09-6108 (10th Cir. Aug. 24, 2010)
Posted by: Paul Mollica
August 24, 2010
Topic: Daily Developments in EEO Law

Two new opinions reminding us of two well-settled propositions in employment discrimination law: that a single act of sex harassment, if severe enough, may violate Title VII; and that ADEA plaintiffs do not have to meet a pretext-plus standard of proof to survive summary judgment.