In an issue of first impression in the Seventh Circuit, the Court of Appeals upheld summary judgment in favor of the employer dismissing the Plaintiff’s claim that obesity qualified as a disability under the Americans with Disabilities Act (“ADA”). Richardson v. Chicago Transit Authority. Plaintiff, a former Chicago Transit Authority (“CTA”) bus operator, alleged that
Alyssa J. Calabrese
Pre-Employment Examinations Without Disparate Impact May Still Serve As Basis For Disparate Treatment Claims
By Alyssa J. Calabrese on
Posted in Title VII
In EEOC v. Upstate Niagara Coop., Inc., the U.S. District Court for the Western District of New York denied Defendant’s motion to dismiss finding that the EEOC stated claims for discrimination based on sex in violation of Title VII.
The EEOC filed suit against Defendant alleging that it discriminated against female applicants by hiring…
Agreement’s Requirement To Forego Claims Of Future Discriminatory Conduct May Constitute A Materially Adverse Action
By Alyssa J. Calabrese on
Posted in Title VII, Uncategorized
In Lester v. O’Rourke, the United States District Court for the North District of Illinois held that Plaintiff is entitled to trial on his Title VII retaliation claim after he signed a Last Chance Agreement (“LCA”) that settled pending Title VII claims and also waived claims that might be asserted if the employer disciplined…
Employee Complaints Of Pay Inequity Can Trigger Protected Activity Even With No Mention Of “Sex Discrimination”
By Alyssa J. Calabrese on
Posted in Title VII
In Mumm v. Charter Township of Superior, the United States Court of Appeals for the Sixth Circuit held that Plaintiff is entitled to a trial where her employer began the termination process on the same day she threatened suit over a difference in pay between her and a male counterpart even though she did…
The Weinstein Effect: Importance of Anti-Harassment and Anti-Discrimination Training
Posted in Hostile Work Environment, Title VII
It seems as if a report of workplace sexual harassment or sexual battery is published nearly daily. While the media focuses upon notable public figures, workplace harassment can occur at any company. In many of those reports, it seems that the environment was not conducive to reporting the alleged misconduct or to obtaining an internal…
Second Circuit Holds “Hispanic” Is a Race Under Section 1981 and Title VII
By Alyssa J. Calabrese on
Posted in Title VII, Uncategorized