Monday, August 9, 2010

Case Updates

Here are some summaries of recent cases of interest:

--EEOC v The Geo Group (3rd Circuit): A private company, GEO Group, Inc., that was contracted to run a prison facility did not violate Title VII because of its ban on head coverings that included a prohibition on Islamic head coverings because the ban was warranted by the prison’s safety concerns.

--Saenz v Harlingen Medical Ctr, LP, (5th Circuit): Held that a federal district court in Texas erred in applying the heightened requirements of a Fifth Circuit precedent to find that an employee must comply with a hospital’s internally created FMLA notice procedures.

--Nyrop v Indep School Dist. No. 11, (8th Circuit): Affirmed the dismissal of ADA, Rehabilitation Act and Minnesota state law claims brought by an elementary school music teacher with multiple sclerosis that the school district failed to reasonably accommodate her disability and unlawfully discriminated against her when it refused to hire her for an administrative position concluding that the teacher failed to present sufficient evidence that she was actually disabled, had a record of a disability, or was regarded as disabled.

--Collazo v Bristol-Myers Squibb Manufacturing, Inc, (1st Circuit): An interesting one here. The 1st Circuit held that although a scientist’s supervisor did not speak when he accompanied her to the Human Resources Department (HRD), where she complained about being sexually harassed by another scientist, the First Circuit held that the supervisor “opposed” discriminatory conduct within the meaning of the opposition clause of Title VII's antiretaliation provision. In reaching this decision the Court applied the US Supreme Court's decision in Crawford v Metropolitan Gov’t of Nashville & Davidson County and held that the supervisor’s repeated efforts to assist a fellow employee in filing and pursuing her sexual harassment complaint with HRD qualify as protected opposition to the complained-of harassment.

No comments:

Post a Comment