Elliot Spiegel sued Daniel “Tiger” Schulmann and UAK Management Co., claiming his weight got him fired as a karate instructor at the Tiger Schulmann Karate School in Stamford, Connecticut. Spiegel stated he has a medical condition called hypogonadism that prevents him from losing weight. He alleged invasion of privacy (based on Spiegel’s photos in a [...]
Archive for the ‘Civil Rights’ Category
Second Circuit allows claim for obesity discrimination under the New York City Human Rights Law.
Posted in Civil Rights, Disability Law, Health Law, tagged Americans with Disabilities Act, obesity discrimination on May 12, 2010 | 1 Comment »
Eleventh Circuit holds that pervasive use of gender-specific vulgarities can create a hostile workplace for women, even if they are not directed at a specific female employee.
Posted in Civil Rights, Employment Law, tagged Civil Rights, employment discrimination, sex discrimination, Title VII on January 22, 2010 | 5 Comments »
After working as a sales representative for three years at C.H. Robinson Worldwide, Ingrid Reeves sued the company for allegedly subjecting her to a hostile work environment in violation of Title VII. Reeves alleged she was subjected daily to gender-specific vulgarities (“bitch,” “fucking bitch,” “fucking whore,” “crack whore,” and “cunt”) from her male co-workers. She [...]
Eighth Circuit joins other circuits in requiring sex stereotyping plaintiff to show she was treated differently–not the relative treatment of different groups within the workplace.
Posted in Civil Rights, Employment Law, tagged Civil Rights, employment discrimination, sex discrimination, Title VII on January 21, 2010 | 1 Comment »
Breanna Lewis v. Heartland Inns of America, L.L.C., No. 08-3860. Facts Heartland Inns of America, L.L.C. (“Heartland Inns”), operates a group of hotels in Iowa. In July 2005, Breanna Lewis began working for Heartland Inns. Over the next year and a half, Lewis successfully filled several positions related to guest services. Lewis received multiple commendations [...]
Third Circuit rules that fired Muslim scientist is not entitled to a hearing to contest being terminated.
Posted in Administrative Law, Civil Rights, Constitutional Law, Employment Law, tagged national security, termination on January 15, 2010 | 1 Comment »
Dr. Abdel Moniem Ali El-Ganayni, an Egyptian native, has lived in the United States since the 1980s and worked as a nuclear physicist for Bettis Laboratory. In 2007, El-Ganayni passed out copies of a Muslim religious tract called "The Miracle in the Ant" at a prison. He was grilled by the Bettis Laboratory security manager [...]
Ninth Circuit upholds dismissal of civil rights lawsuit by man convicted of kidnap and rape because he produced no evidence of misconduct by police.
Posted in Civil Rights, tagged Civil Rights, police misconduct, qualified immunity on October 23, 2009 | Leave a Comment »
After serving fourteen years in prison for a 1988 kidnapping and rape he did not commit time against a six-year-old girl, Leonard McSherry’s name was cleared by forensic evidence and the confession of the actual perpetrator. McSherry filed a civil rights lawsuit against the city of Long Beach, California, its police department, and two officers, [...]
Request for a raise is a compensation decision under the Equal Pay Act and Title VII.
Posted in Civil Rights, Employment Law, tagged Civil Rights, Equal Pay Act, Lilly Ledbetter Act on September 16, 2009 | 8 Comments »
According to Mary Lou Mikula, Allegheny County, Pennsylvania, paid her $7,000 less than a male counterpart. After an investigation, the county determined in 2006 that her claims were unfounded and that her “current title and rate of pay are fair when compared with similar jobs.” Mikula disagreed and sued the county under the Equal Pay [...]
Eighth Circuit joins other circuits in holding that an adverse employment action, taken under an affirmative action plan, may constitute direct evidence of unlawful discrimination.
Posted in Civil Rights, Constitutional Law, Employment Law, tagged affirmative action, Civil Rights, Equal Protection Clause, racism on September 4, 2009 | 7 Comments »
Humphries v. Pulaski County Special School District, Nos. 08-2458/2594. Background Information Since 1982, the Pulaski County Special School District (the “District”) has been involved in desegregation litigation in federal court. In 1990, the District reached a settlement agreement, and the Office of Desegregation Management (“ODM”) was created to assist the trial court in supervising the [...]
Eighth Circuit holds that a hostile work environment claim can exist absent a constructive discharge claim.
Posted in Civil Rights, Practice & Procedure, tagged Civil Rights, constructive discharge, hostile work environment on July 29, 2009 | 6 Comments »
Winspear v. Community Development, Inc., No. 08-2041. In 1999, Zachary Winspear’s brother, Logan, committed suicide. The brothers had been very close, and Winspear had difficulty with Logan’s suicide, even contemplating suicide himself. The brothers had been close, in part, because of their strict religious upbringing and rejection of organized religion. In March 2003, Winspear began [...]
Eighth Circuit holds that employer is not required to accommodate an employee with cancer during her treatment and recovery period.
Posted in Civil Rights, Employment Law, tagged Americans with Disabilities Act, reasonable accommodation on April 16, 2009 | 2 Comments »
Peyton v. Fred’s Stores of Arkansas, No. 08-2346. After attending a three-week management training course, plaintiff assumed her position as the store manager of Fred’s in Heber Springs, Arkansas, on January 6, 2006. After working at the store for two days, plaintiff experienced pain in her abdomen, consulted her physician, and learned she had ovarian [...]
Ninth Circuit allows man exonerated for kidnapping, rape, and molestation convictions to sue police officer for fabricating evidence.
Posted in Civil Rights, tagged police misconduct on April 1, 2009 | Leave a Comment »
After spending nearly 14 years in prison, Leonard McSherry was exonerated by DNA evidence and a confession by the actual perpetrator for his 1988 convictions for kidnapping, rape, and molestation. According to McSherry’s civil rights lawsuit against the City of Long Beach, the police department, and two officers, the police fabricated the victim’s description of [...]
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