White guys need love too: Punitive damages and reverse discrimination
How many readers knew it was illegal to discriminate against white people . . . or guys?
"If They Hate You, They Must Hate Me Too"
On February 9, 2012, the U.S. Court of Appeals for the 5th Circuit addressed the issue of whether alleged harassment toward African-American employees could support the claim that there was a hostile work environment for two Hispanic employees. The court concluded it could not in the particular case before it, stating that "if the evidence of the workplace environment for the employees of plaintiff's race does not show frequent, severe and pervasive hostility, then evidence of hostility towards a different racial group is not much support for the plaintiff's claim."
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.
