April 2010

Here are two recent sex harassment opinions, reversing summary judgment against the respective plaintiffs, that coincidently discuss the vicarious liability standard of Faragher/Ellerth. The former case holds that a temporary denial of tenure to a school teacher,...

The Fourth Circuit issued a progressive decision Friday, affirming a woman truck driver's right to a jury trial over her Title VII allegation that she was fired for sex-biased reasons -- namely, for supposedly failing a physical exam not given to her male...

Employers have been pursuing an argument in sex (and other) harassment cases that liability cannot attach to the company if an employee complains only to lowest-level figure in the anti-harassment reporting chain. But the Sixth Circuit rejects the suggestion in this...

Civil- and employee-rights litigants take it in the neck again, as the Supreme Court (in 5-4 and 5-3) decisions reverse decisions (1) from the Eleventh Circuit, that allowed a fee-enhancement in fee-shifting cases for extraordinary results; and (2) from the Second...