One Prediction That Had Some Legs
Forecasting is an art not a science, and truth be known luck is probably the most single important factor if one gets it right, still I could not help but think back to one of my first posts of this year, 2011 --- the Year of the Non-minority? where I thought that we might see
Federal District Court Permits Race Discrimination Case to Proceed When Caucasian Security Officer Was Not Fired for Similar Conduct
A terminated African-American security officer sued his former employer for race discrimination. Despite having admitted that his employer was justified in terminating him for violating company policy, the employee later claimed that a Caucasian security officer received more favorable treatment in violation of Title VII of the Civil Rights Act. (Johnson v. Western Hotel & Casino, D. Nev., No. 10-cv-01590, 10/19/11).
3d Cir.: Disparate Impact of Newark, NJ’s Residency Requirement
In Meditz v. City of Newark (PDF), the Third Circuit concluded that the City of Newark, New Jersey’s residency requirement may have unlawful disparate impact on non-Hispanic white applicants. The case was brought Gregory Meditz, an attorney acting pro se. Meditz alleged that the City’s residency requirement disparately impacted white, non-Hispanics and, as a result, white, non-Hispanics were under-represented in the City’s workforce.
Third Circuit keeps the Peace but dismisses
The Third Circuit recently issued a reassuring decision for employers.
Specifically, it affirmed the dismissal of race discrimination and
retaliation claims filed by a former café worker because her supervisors
made no overt racial statements and the employer promptly addressed all
allegations in a manner reasonably calculated to prevent further
harassment.
Seventh Circuit Holds No "Token" Exception in Title VII Discrimination Cases
Favorable treatment of one minority employee did not absolve or justify discriminatory treatment against other employees of the same race or national origin, the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has held in Diaz v. Kraft Foods Global, Inc. No. 10-3073, 2011 U.S. App. LEXIS 16325 (7th Cir. Aug. 8, 2011). The Court reversed summary judgment in favor of the employer and returned the case to the district court. The Seventh Circuit has jurisdiction over Illinois, Indiana, and Wisconsin.
Hostility toward a racial group different than that to which the plaintiff belongs: Probative or not?
A group of Hispanic employees sue for a racially hostile work environment. The question: Can they prove their case by evidence of race-based hostility towards black employees?
Kansas City Verdict - Another Successful "Reverse Discrimination" Claim
Earlier this month I commented that one trend we might see this year was more "reverse discrimination" claims. See, 2011 -- the Year of the Non-minority? The outcome of a suit in a Kansas City courtroom yesterday does not prove me right, but it certainly does nothing to prove me wrong.
Third Circuit Keeps the Peace but Dismisses Her Lawsuit
The Third Circuit Court of Appeals (which covers Delaware) recently issued a reassuring decision for employers. In the case, the Court affirmed dismissal of racial discrimination and retaliation claims where there were no overt racial statements made by supervisors and the employer addressed all allegations promptly and in a manner reasonably calculated to prevent further harassment.
Pennsylvania Court Concludes that Firing for Use of N-Word May Be Unlawful as Reverse Discrimination
In Burlington v. News Corp., No. 09-1908 (E.D. Pa. Dec. 23, 2010), the U.S. District Court for the Eastern District of Pennsylvania denied the employer's motion for summary judgment, holding that an employer may be liable for racial discrimination if it punishes a white employee for using the "n-word" but allows black employees to use the same word. The Burlington court is the first federal court to consider this issue, and it provides important guidance regarding what role social norms may play in an employer's decision to tolerate or reprimand racially sensitive speech. The court in Burlington also clarified the standard for when a subordinate's bias may be imputed to the person who decides to terminate an employee, commonly referred to as "Cat's Paw" liability.
2011 --- the Year of the Non-minority?
Predicting what a new year will bring is a time honored tradition, but much like resolutions, most predictions rarely last longer than the first flip of the calendar. So rather than a long list, let me just start with one thing that I am guessing we might see, more cases where what might be thought to be "non-minority" employees are claiming that they have been treated differently because of their race.
