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Title VII plaintiff not ‘employee’ under liability policy, so $4M settlement not covered

January 4th, 2018

By Lorene D. Park, J.D.
Affirming summary judgment against breach of contract and other claims against an insurance company arising from its refusal to defend or indemnify the defendants in a Title VII race discrimination suit, the Fifth Circuit concluded that the plaintiff in the underlying suit was not an “employee” as defined by the terms [Read more...]

Second Circuit lifts stay of compelled production of administrative record in DACA litigation

January 2nd, 2018

By Pamela Wolf, J.D.
The Second Circuit Court of Appeals has refused to grant the Department of Homeland Security a writ of mandamus to halt a discovery order issued by a New York federal district court in a pair of lawsuits challenging the Trump administration’s decision to end the Deferred Action for Childhood Arrivals (DACA) Program. [Read more...]

Supervisor fired for policy violations, not because of hemorrhoid surgery, FMLA leave

January 2nd, 2018

By Kathleen Kapusta, J.D.
Affirming summary judgment against the employment discrimination claims of a naturalized American citizen from Ghana who was fired around the time he went on leave for hemorrhoid surgery, the Seventh Circuit first found that by not filing a surreply brief in the court below, he waived the admissibility of certain evidence his [Read more...]

Jury reasonably found employer failed to consider assistive devices; erroneous jury instructions were harmless

January 2nd, 2018

By Lisa Milam-Perez, J.D.
A jury reasonably found that assistive devices which an employer had failed to consider might have enabled a shipping clerk with an elbow condition to perform the essential functions of her position, the Ninth Circuit held, affirming the trial court’s refusal to grant the employer’s motion for judgment as a matter of [Read more...]

EEOC, Muslim plaintiffs can’t get spoliation sanctions for evidence destruction in refusal-to-hire case

January 2nd, 2018

By Kathleen Kapusta, J.D.
A federal district court did not abuse its discretion in rejecting a request by plaintiffs—the EEOC and several Muslim women—for spoliation sanctions either excluding evidence or instructing the jury that it must draw an adverse inference against a prospective employer the women claimed refused to hire them because they wore hijabs. The [Read more...]