Three Hispanic painters worked 3 weeks, and while in the office for 15 minutes a day, they were subjected to racial slurs. The District Court dismissed the case, holding that there was not enough time for the harassment to be pervasive. The 10th Circuit reversed, holding that based on a totality of the circumstance analysis, a jury could find the harassment pervasive.
A consensual sexual relationship ends and the female employee receives her first negative evaluation. She then complained to Human Resources. Her sexual harassment case fails because she was harassed due to a failed relationship, not her gender. The retaliation claim fails because the negative evaluation came before the complaint to Human Resources.
Allegations of men barging into the women’s locker room, simulated sex acts with a microphone and breast groping gives plaintiff the right to a jury trial on her sexually hostile environment claim. However, rebuffed requests for sexual favors did not state a quid pro quo claim when plaintiff’s response to the requests was not used as the basis for a decision affecting terms or conditions of employment.
A male university lecturer sued after not being selected to interview for a new position. The case was dismissed because he “needs more than his own convictions” to prove reverse gender discrimination. He needs “evidence that there is something ‘fishy’ about the facts at hand.”
A former union officer sued a UFCW Local for sexual harassment. The Union stated that it did not have the 15 jurisdictionally-required employees to be covered by Title VII, arguing that the stewards were volunteers and received income from their regular employer, not the Union. The Eighth Circuit found the stewards to be employees under Title VII because the Union controlled their termination and hiring, controlled the manner and means by which they performed their duties and because they did receive some benefits from the union.
An employee with a metal plate in his head was routinely called “platehead.” He sued for disability-based harassment after his discharge. The Eighth Circuit found that disability-based harassment is unlawful, but dismissed the case because the repeated comment was not severe and extreme.
A Federal Court overturns a $1 million punitive damages award under the New York City Code. NYC had not waived its sovereign immunity from punitive damages. Punitive damages are not available against municipalities unless there is legislative intent to permit such damages.
An employee worked as Grounds Maintenance Superintendent for a country club. His job was eliminated and his case for age and race discrimination dismissed. The 10th Circuit reversed finding that whether the new job of Golf Course Superintendent was really the same job is a question for the jury.
Hispanic worker was not disciplined for the same offense. “Alleged theft of alcohol. . . is not the same as stealing money from a client’s gift table . . . [because] the latter can result in a significant loss of business.” Since the employees were not similarly situated they could not be used as comparators to support a race discrimination claim.
In order to attempt to prove discrimination with respect to a promotion, an African American CIA operations officer would have to disclose highly classified secrets. The state secrets doctrine was used to dismiss the case. The Court recognized the possibility of unfair consequences for individuals in order to protect the greater public good.