SPHR Case Law
Kolstad v American Dental Association
Carole Kolstad sued for gender discrimination: promotion process a sham; Tom Spangler chosen before selection process began. Jury not allowed to hear instructions on punitive damages because no 'egregious conduct.' Supreme Court said egregious not necessary, 'If employee can show employer knowingly acted in violation of federal law then punitive damages may be sustained.'
Leggett v First National Bank of Oregon
Chiquitta Sue Leggett has phobia of spiders. Co-workers teased her causing great anxiety. Bank referred her to EAP psychologist. Later Bank put her on medical leave, then visited her psychologist and got information about her condition. She was discharged and she sued. Court agreed it was invasion of privacy
McKennon v Nashville Banner Publishing Co
Christine McKennon worked for company for 30 years and was RIFed. Sued alleging violation of ADEA. During deposition, testified she removed and copied confidential documents. Company conceded to age discrimination but also said if they'd known about docs they would have fired her. Supreme Court says since company admitted to discrimination they are liable
Smith v Jackson, Mississippi
City revised pay plan granting raises to police and fire. Fewer than 5 yrs tenure got higher raise as goal was to bring salaries up to regional average. Supreme Court held that ADEA authorizes recovery on a disparate treatment theory but narrower scope than under Title VII
IBP, Inc v Alvarez
Class action against employer as not paying for time spent putting on/taking off protective gear or walking to/from changing room. Court said activities are "integral and indispensable" to job's principal activities and therefore must be compensated.
EEOC v Waffle House (2002)
Eric Baker signed agreement requiring arbitration. Later filed complaint (ADA violation) with EEOC because fired after having a seizure. EEOC sued and employer said must use arbitration. Supreme Court said arbitration agreement did not bar EEOC from pursuing victim-specific relief in an ADA enforcement action.
School Board of Nassau v Arline
Gene Arline is elementary school teacher; TB in remission for 20 years. Discharged and denied relief. Sued alleging violation of Sec 504 of Rehabilitation Act. Supreme Court says Act does cover persons with contagious diseases.
McDonnell Douglas Corp v Green
Green laid off as part of RIF. While unemployed, took part in protest activities against MD. Later applied for advertised job and company rejected him. He sued and demonstrated "prima facie" case of disparate treatment. Criteria established: belong to protected group, applied for posted job, rejected despite qualified, rejected and employer kept looking.
Ricci v DeStefano
20 New Haven firefighters (19 white, 1 Hispanic) sued for discrimination regarding promotions. Test results thrown out because no blacks passed. Frank Ricci (dyslexic) studied 8-13 hours a day, friend recording books for him. Courts said tests were "content-validated" and can't rely on statistical disparity alone to justify ignoring test results.
Johnson v Santa Clara County Trans Agency
238 road dispatchers are all men. Diane Joyce and Paul Johnson apply for promotion to that role, both qualified. Diane gets job, Paul sues. Supreme Court says can consider race if valid AAP exists. Valid means flexible, temporary and designed to correct imbalance
Leonel v American Airlines
Applied to be flight attendants. Didn't disclose HIV positive. Contingent offers extended but background check conducted BEFORE medical exams. ADA regulates sequence of hiring process. Prohibits medical exams until AFTER "real" (all relevant non-medical info evaluated) job offer issued
Grutter v Bollinger
Barbara Grutter (white, 3.8 GPA, 161 LSAT) denied admission to UMich Law School. School factors race into decision process. She sued. Supreme Court not discrimination because school conducts highly individualized review of each applicant, decision not based automatically on a variable such as race.
Faragher v City of Boca Raton
Beth Faragher resigned as lifeguard and sued city for discrimination (supervisor created hostile environment) under Title VII. Supreme Court said employer is vicariously liable for actionable discrimination caused by supervisor. Liability is subject to affirmative action defense.
Gratz v Bollinger
Jennifer Gratz denied admission to UMich undergrad. Supreme Court said school violated Equal Protection Clause [14th amend] and Title Vi. Automatic distribution of 20 points to all 'underrepresented minority' applicants solely based on race was NOT narrowly tailored and did not provide individual consideration.
Oncale v Sundowner Offshore Service Inc
Joseph Oncale was worker on oil rig with 8-man crew. Subjected to sex-related, humiliating actions by co-workers. Sued under Title VII for sexual harassment. Supreme Court agreed that Title VII bars all forms of discrimination "because of sex." Includes same-sex harassment
United Steelworkers v Weber
Kaiser Aluminum had policy of allowing whites and blacks into training program on one for one basis. Brian Weber didn't get in and claimed violation Title VII of Civil Rights Act. Supreme Court: No, because company/union followed affirmative action plan
Ellerth v Burlington Northern Industries
Kimberly Ellerth sued for sexual harassment claiming constructive discharge even though she didn't suffer any tangible retaliation. Supreme Court said employers are vicariously liable for supervisors who create hostile working conditions.
Ledbetter v Goodyear Tire & Rubber Co
Lily Ledbetter worked for 19 years. Sued for sexual discrimination because paid less than men. SC said discriminatory intent must occur during the 180-day charging period. Overruled by L L Fair Pay Act which creates rolling, open time frame for filing wage discrimination claims and states that clock renews each time employee receives comp that is based on allegedly discriminatory decision
Meritor Savings Bank v Vinson
Mechelle Vinson was fired from bank job. She claimed her supervisor coerced her to have sex and made demands for sexual favors. He created 'hostile work environment' and therefore violated Title VII. Supreme Court agreed and said sexual harassment violates Title VII regardless if quid pro quo or hostile environment
St. Mary' Honor Center v Hicks
Melvin Hicks was correctional officer in halfway house. After supervisor changed, he was fired. He sued alleging Title VII violation (fired because of his race). District Court found stated reasons by employer not accurate but Hicks hadn't proved race was real reason. Supreme Court ruled Title VII plaintiffs must show that discrimination was real reason for employers' actions.
PA State Police v Suders
Nancy Suders, Police Communications Officer, quit after 4 months and sued alleging daily sexual abuse, threats of retaliation, complaint to EEO officer not investigated, ... SC decided if supervisor's official act is what precipitates constructive discharge then affirmative defense doesn't apply and employer is liable; in absence of tangible employment action, affirmative defense IS available
NLRB v Town & Country Electric
Non-union electric company was hiring. Union members applied, most not interviewed; one hired and then fired; Union filed complaint of violation of NLRB. Supreme Court agreed "Individuals can meet definition of employee even if they are paid by union to organize." [salting]
Albemarle Paper v Moody
Papermill required applicants and those up for promotion to pass two tests for nonverbal intelligence and verbal facility. Suit claimed tests were racially discriminatory. Some skilled workers in jobs couldn't pass tests. Supreme Court said employer needs to establish evidence that test is related to content of job, including doing job analysis
Circuit City Stores v Adams (2000)
Saint Clair Adams signed emp app requiring arbitration. Later sued for discrimination. Employer said under Federal Arbitration Act must use arbitration. District Court agreed. Appeals Court disagreed. Supreme Court said only transportation workers are exempt from FAA. Arbitration is enforceable under FAA for employment contract.
Taxman v Board of Ed of Piscataway
Sharon Taxman (white) and Debra Williams (black) started on same day and have equal evaluations. One must be RIFed. Superintendent invoked AAP and laid off Taxman. Court ruled against school board because AAP didn't have any remedial purpose. Can't use racial diversity as justification for AAP when no evidence of past bias exists.
Johnson Controls
Supreme Court ruled that decisions about welfare of future children must be left to parents rather than employers who hire parents
City of Richmond v JA Croson Company
Supreme Court ruled that rigid numerical quota system unconstitutional; no proper groundwork and hadn't identified or documented discrimination
Harris v Forklift Systems, Inc.
Teresa Harris was manager at equipment rental company. President often insulted her and directed sexual innuendos at her. She quit and sued claiming abusive work environment due to her gender. District court said situation not severe enough to affect her 'psychological well-being.' Supreme Court said if environment would reasonably be perceived as hostile, that's enough. Concrete psychological harm does not have to be proven.
Washington v Davis
Two black applicants to WDC police force sued mayor because they were turned down. Claimed dept used racially discriminating hiring procedures (Test 21) which is failed disproportionately by blacks. Supreme Court said no because under constitutional law (DC) must establish intent to discriminate.
Regents of UC v Bakke
UC Davis Med School reserves 16 spots annually for minority applicants. Supreme Court considered this quota as minorities not compared to non-minorities and therefore this specific approach not allowed but race can be used in selection process if one of many factors
General Dynamics Land Systems v Cline
Union contract of full healthcare to retirees if over 50 by 7/1/97. Dennis Cline, 48, sued for age discrimination. SC: Does ADEA prohibit "reverse discrimination" ...? No. ADEA does not protect younger workers from decisions that favor older workers.
Kennedy v Plan Administrators for Dupont Savings
William Kennedy designated wife as retirement plan beneficiary. They divorced and she agreed to give up rights to his pension, BUT he didn't change the forms. He died. Ex-wife and daughter claimed benefits. SC said must follow plan documents, therefore wife got money.
PepsiCo Inc v Redmond
William Redmond was a General Manager and therefore had access to inside information and trade secrets. He accepted job with Quaker Oats. Court barred him from taking job at Quaker, applying inevitable disclosure doctrine.
Griggs v Duke Power
Willie Griggs denied position of coal-handler based on results of pre-emp. tests and fact that he's not high-school grad. Requirements discriminatory because not directly job-related. Case recognized adverse/disparate impact discrimination.
