Meites, Mulder, Mollica & Glink

Turner v. The Saloon, Ltd., No. 07-2449 (7th Cir. Feb. 8, 2010)

Mon, 8 Feb 2010 13:37:03 -0800

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)

Fri, 29 Jan 2010 13:07:35 -0800

Though the Fourth Circuit ultimately does the right thing in this unpublished opinion, vacating and remanding dismissal of a Title VII national-origin case at the complaint stage, it should throw a scare into plaintiffs'-side lawyers in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)

Mon, 25 Jan 2010 16:31:40 -0800

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 of Somerset, 583 F.3d 972 (7th Cir. 2009), the Tenth Circuit (in an unpublished opinion) reverses summary judgment and remands an ADA reasonable accommodation and constructive discharge case involving a school teacher who sought but did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)

Thu, 21 Jan 2010 11:10:10 -0800

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)

Wed, 20 Jan 2010 11:41:09 -0800

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.