March 2010

The United Nations and its staff win immunity in a sex-discrimination lawsuit, the Eighth Circuit sends a race-discrimination case back for trial, and the Fifth Circuit sadly vacates a progressive panel opinion for rehearing.Brzak v. United Nations, No. 08-2799 (2d...

The "Ministerial Exception," a First Amendment Free Exercise rule implied by federal courts into civil rights laws, gets another run around the block by the Sixth Circuit, which holds that a grade school teacher at a religious school who taught primarily secular...

The First Circuit holds that denial of an employee's request for office space may be a materially adverse action for purposes of a Title VII retaliation claim, though on the individual facts affirms summary judgment for the employer.  The Eleventh Circuit grants en...

The Second Circuit reverses in part dismissal of a pro se Title VII complaint of harassment, discrimination and retaliation, in an unpublished order, and in the course of so doing churns up some useful rulings for all of us.La Grande v. DeCrescente Distributing Co.,...

Plaintiffs prevail in separate 2-1 decisions. The Fifth Circuit splits with the Seventh Circuit, and affirms the availability of mixed-motive analysis in a Title VII retaliation case, upholding a jury verdict for the plaintiff. In the Sixth Circuit, the panel majority...