The Fourth Circuit Court of Appeals recently issued a ringing opinion for employees in Merritt v. Old Dominion Freight Lines, a gender discrimination case until Title VII. The Court’s discussion of gender discrimination, sex stereotyping, and a corporate culture of discrimination is excellent and will make very useful precedent. A long-ish discussion is therefore in order. As […]
Discrimination
DC Circuit restricts scope of Lilly Ledbetter Act
The federal D.C. Circuit Court of Appeals issued a decision last month, in Shuler v. PriceWaterhouseCoopers, sharply restricting the scope of the Lilly Ledbetter Fair Pay Act, which President Obama signed into law soon after entering office. The Fair Pay Act extends the timely filing deadlines for certain discriminatory employment actions, specifically those involving “discrimination in […]
Fourth Circuit affirms sexual harassment verdict
In King v. McMillan, the Fourth Circuit affirmed a jury verdict and the court’s rulings in a sexual harassment case. The plaintiff, a former deputy in a sheriff’s office, had been sexually harassed by the sheriff over several years. A jury awarded her compensatory and punitive damages on her claims of battery and sexual harassment under Title […]
EEOC proposes new regulations for ADA Amendments Act
The Americans with Disabilities Act (ADA) Amendments Act of 2008 (ADAAA) was passed last year and went into effect on January 1, 2009. The Act makes important changes to the definition of the term “disability” by rejecting the holdings in several Supreme Court decisions and portions of existing regulations. The effect of these changes is to […]
4th Circuit rules for class certification in racial discrimination case
In Brown v. Nucor Corporation, the 4th Circuit reversed the district court on the question of class certification. Under Title VII, the plaintiffs had brought racial discrimination claims of disparate treatment and disparate impact with regard to promotion practices, as well as hostile work environment claims. The majority concluded that the plaintiffs could proceed with all […]
4th Circuit rules for plaintiff in Title VII case
In EEOC v. Central Wholesalers, Inc., the 4th Circuit reversed the district court’s grant of summary judgment to the employer. The court concluded that there was enough evidence for a jury to find that the plaintiff suffered from severe racial and sexual harassment in the workplace.