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Supreme Court Overturns Dismissal of §1983 Action
Article • May 15, 2007
Filed under: Attorneys, Attorney Fee Awards, Title VII
Supreme Court Overturns Dismissal of §1983 Action by Supreme Court Overturns Dismissal of §1983 Action The U.S. Supreme Court affirmed in part and reversed in part a lower court's judgment dismissing an Illinois prisoner's action under 42 U.S.C. § 1983 and ordering him to pay the respondent's attorney fees, which …
Class Claims Must Be "Fairly Encompassed" By Named Plaintiff's Claims
Article • May 15, 2007
Filed under: Discrimination, Racial Discrimination, Class Certification, 1964 Civil Rights Act, Title VII
Class Claims Must Be "Fairly Encompassed" By Named Plaintiff's Claims by Class Claims Must Be "Fairly Encompassed" By Named Plaintiff's Claims The U.S. Supreme court held that a Mexican-American who filed suit under the Civil Rights Act claiming he was passed over for promotion because of his national origin could …
Title VII Suit Dismissed for Lack of Exhaustion
Article • May 15, 2007
Filed under: Administrative Exhaustion, Federal Statutory Law, Title VII, Employee Litigation
Title VII Suit Dismissed for Lack of Exhaustion by The plaintiff's Title VII hostile work environment claim is dismissed for nonexhaustion because he didn't include it in his EEOC charge and it is not "reasonably related" to the claims he did assert. At 1100: "Pro se plaintiffs must strictly comply …
Mental Exam Barred in Discrimination Suit
Article • May 15, 2007
Filed under: Damages, Expert Witnesses, Federal Statutory Law, Title VII
Mental Exam Barred in Discrimination Suit by An employee did not place her mental condition sufficiently "in controversy" to require her to submit to a mental examination under Rule 35, Fed.R.Civ.P., by alleging emotional distress as an element of damages in a Title VII discrimination case. While her mental condition …
Title VII Suits Limited to EEOC Charges
Article • May 15, 2007
Filed under: Federal Statutory Law, Title VII
Title VII Suits Limited to EEOC Charges by At 928: The scope of a civil complaint [under Title VII] is limited by the scope of the EEOC charge that precedes it. . . . This is not an issue of subject matter jurisdiction, however, but is more in the nature …
Firing of Maryland Muslim Chaplain Upheld
Article • May 15, 2007
Filed under: Discrimination, Racial Discrimination, Religious Discrimination, Title VII
Firing of Maryland Muslim Chaplain Upheld by The plaintiff, who said he was constructively discharged from a contractual position as Muslim chaplain, sued under Title VII, alleging that he was discriminated against by being subjected to a racially hostile workplace. The court concludes as a matter of law that the …
Title VII Claims Subject to Equitable Tolling
Article • May 15, 2007
Filed under: Federal Statutory Law, Title VII
Title VII Claims Subject to Equitable Tolling by The Title VII 300-day EEOC filing requirement is subject to the doctrine of equitable tolling when the employee is excusably ignorant of the discriminatory act or the existence of a claim. The D.C. Circuit reserves this power for "extraordinary and carefully circumscribed …
Title VII Requires Class Wide Administrative Change for Certification
Article • May 15, 2007
Filed under: Administrative Exhaustion, Class Certification, Federal Statutory Law, Title VII
Title VII Requires Class Wide Administrative Change for Certification by Under Title VII's exhaustion requirement (151-52), a class action must be supported by at least one representative charge, timely brought by one of the named plaintiffs, which adequately identifies the collective, class-wide nature of the claimed discrimination. . . . …
Gay New York Prison Guard Sues over Harassment
Article • May 15, 2007
Filed under: Gay/Lesbian, Title VII, Guards/Staff, Employee Litigation
Gay New York Prison Guard Sues over Harassment by The plaintiff complained of a course of severe anti-gay harassment of him in his employment by the prison system, apparently as a correction officer. Claims against DOCS and prison personnel in their official capacities were barred by the Eleventh Amendment, but …
Administrative Exhaustion Required for Title VII Claims
Article • May 15, 2007
Filed under: Civil Procedure, Administrative Exhaustion, Title VII
Administrative Exhaustion Required for Title VII Claims by Title VII claimants must exhaust administrative remedies. At 644: "Where a plaintiff's claims 'exceed the scope of the EEOC charge[s] and any charges that would naturally have arisen from an investigation thereof, they are procedurally barred.'" Here, the EEOC charge alleged only …
EEOC Complaint Exhausts Title VII Claim
Article • May 15, 2007
Filed under: Gender Discrimination -- Women, Racial Discrimination, Title VII, Guards/Staff, Employee Litigation
EEOC Complaint Exhausts Title VII Claim by At 376: While Title VII allows for loose pleadings before the EEOC and a complainant need not list every detail of her alleged discriminatory treatment, a charge of discrimination needs to provide sufficient specifics to afford the EEOC a reasonable opportunity to fulfill …
Title VII Plaintiff Can Rely on EEO Statements for Exhaustion Purposes
Article • May 15, 2007
Filed under: Administrative Exhaustion, Title VII, Guards/Staff, Employee Litigation
Title VII Plaintiff Can Rely on EEO Statements for Exhaustion Purposes by The court applies equitable principles to excuse the plaintiff from exhausting one aspect of her Title VII claim because she withdrew the relevant administrative charge based on the incorrect advice of an EEO counselor. At 17-18: "Failure to …
Washington Prisoner Has Right to Counsel in Racial Discrimination Suit
Article • May 15, 2007
Filed under: Racial Discrimination, Appointment of Counsel, Federal Statutory Law, Title VII
Washington Prisoner Has Right to Counsel in Racial Discrimination Suit by The U.S. Court of Appeals for the Ninth Circuit held that the U.S. District Court for the Western District of Washington erred when it dismissed a pro se prisoner's lawsuit for failing to state a claim and for denying …
Public Sector Employee's § 1983 Equal Protection Claim Allowed Without Pleading Title VII Claim
Article • May 15, 2007
Filed under: Racial Discrimination, Federal Statutory Law, Title VII, Religious Grooming, Employee Litigation
Public Sector Employee's § 1983 Equal Protection Claim Allowed Without Pleading Title VII Claim by Public Sector Employee's § 1983 Equal Protection Claim Allowed Without Pleading Title VII Claim The Fourth Circuit Court of Appeals has held a guard's 42 U.S.C. § 1983 action alleging religious discrimination was not barred …
Third Circuit: PHS Subject to Successor Liability, Relation-Back Statute Inapplicable
Article • May 15, 2007
Filed under: Prison Health Services, Correctional Physician Services, Gender Discrimination -- Women, Title VII, Immunity/Liability, Contractor Liability
Third Circuit: PHS Subject to Successor Liability, Relation-Back Statute Inapplicable by Third Circuit: PHS Subject to Successor Liability, Relation-Back Statute Inapplicable In this case involving a Title VII discrimination suit against Correctional Physician Services (CPS), the U.S. Third Circuit Court of Appeals held that the company's buyer, Prison Health Services …
U.S. Supreme Court Defines Retroactivity
Article • May 15, 2007
Filed under: Staff-Staff Harassment, Retroactivity, Federal Statutory Law, Title VII
U.S. Supreme Court Defines Retroactivity by The United States Supreme Court held that a new statute must state its provisions apply retroactively when it would impair rights a party possessed when they acted, increases their liability for past conduct or imposes new duties with respect to transactions already completed. This …
Black Supervisors Liable for Title VII Harassment
Article • May 15, 2007
Filed under: Discrimination, Racial Discrimination, Title VII, Employee Litigation
Black Supervisors Liable for Title VII Harassment by Permanent placement in the "bubble," a stressful inmate supervision position that allowed the officer on duty no breaks, and to which no one had previously been assigned permanently, was a sufficiently adverse employment action to support a Title VII claim. The fact …
Black Prison Guards Discrimination Suit Dismissed
Article • May 15, 2007
Filed under: Discrimination, Racial Discrimination, Title VII
Black Prison Guards Discrimination Suit Dismissed by The plaintiff, an African-American correction officer, was reprimanded while a probationary officer. That action was not sufficiently adverse to support a Title VII suit, and his claims of disparate treatment with respect to white staff fail because they were not probationary and therefore …
Administrative Exhaustion Required for Title VII Claims
Article • May 15, 2007
Filed under: Administrative Exhaustion, Federal Statutory Law, Title VII
Administrative Exhaustion Required for Title VII Claims by The plaintiff complained of sexual harassment under Title VII. At 241-42: A federal district court may only properly consider claims that were not administratively exhausted if the conduct subsequent to the EEOC charge is "reasonably related" to the claims raised in the …
Court Upholds Maryland DOC Staff Grooming Rules
Article • May 15, 2007
Filed under: Title VII, Religious Freedom, Religious Grooming, Employee Litigation
Court Upholds Maryland DOC Staff Grooming Rules by The Rastafarian correctional officer was disciplined for wearing dreadlocks contrary to the agency's grooming policy. At 398: "The challenged rules are rationally related to the division's legitimate interests in public safety, discipline and esprit de corps." They allow staff members to be …
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