Blog Topic

Daily Developments in EEO Law

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.

Anderson v. Durham D&M LLC, No. 09-1758 (8th Cir. May 26, 2010)
Posted by: Paul Mollica
May 27, 2010

An Eighth Circuit decision, affirming a summary judgment in a reverse-race and age claim, represents yet another instance where a harassment plaintiff loses out primarily because he was too unspecific in his complaints to management about the abuse he allegedly suffered from his co-workers.

Lewis v. Chicago, No. 08?974 (U.S. S. Ct. May 24, 2010); Hardt v. Reliance Standard Life Ins. Co., No. 09?448 (U.S. S. Ct. May 24, 2010)
Posted by: Paul Mollica
May 24, 2010

Two unanimous employee-side victories from the Supreme Court -- one under Title VII, the other under ERISA -- demonstrate that fidelity to the legislative text will ordinarily lead to a plaintiff-friendly outcome.

Rodriguez v. Maricopa Co. Comm. College, No. 08-16073 (9th Cir. May 20, 2010)
Posted by: Paul Mollica
May 20, 2010

A jaw-dropper, and instant en-banc bait: a right-leaning panel on the Ninth Circuit (with visiting Retired Justice Sandra Day O'Connor) holds that for a public employer, there may be no liability for hostile work environment under section 1983 if the alleged harassment consists of protected First Amendment speech, even of an explicitly racial nature.

Fincher v. Depository Trust and Clearing Corp., No. 08-5013 (2d Cir. May 14, 2009)
Posted by: Paul Mollica
May 17, 2010

Does an employer's deliberate failure to investigate a complaint of discrimination constitute a stand-alone act of retaliation? The Second Circuit holds that it does not.

Beckford v. Dept. of Corrections, No. 09-14903 (11th Cir. May 7, 2010)
Posted by: Paul Mollica
May 10, 2010

The Eleventh Circuit joins other courts in holding that a state correctional facility may be held liable under Title VII for failure to correct and prevent sex harassment of its staff by inmates. The panel affirms a judgment after a jury trial in favor of fourteen female employees stationed at a Florida prison.

Spiegel v. Schulmann, No. 06-5914 (2d Cir. May 6, 2010)
Posted by: Paul Mollica
May 06, 2010

The Second Circuit vacates and remands summary judgment on a disability discrimination/retaliation claim brought against by two plaintiffs against a karate studio under the ADA, and the New York State and City Human Rights Laws (NYSHRA and NYCHRA). The decision comes down to a single evidentiary flub by the district court judge, and a recent amendment to the NYCHRA that broadened its scope.

Porter v. Winter, No. 07-17120 (9th Cir. May 5, 2010)
Posted by: Paul Mollica
May 05, 2010

Setting up a circuit conflict ripe for review, the Ninth Circuit holds that federal employees can bring a stand-alone claim for Title VII attorneys' fees in federal district court for work performed at the administrative level.