TOV.WrongfulTermination&Discrimination

Federal Court holds that administrative proceeding bars employee's civil rights claim

Gillermo Herrera sued his former employer, Churchill McGee, arguing that they discriminated against him and retaliated when he made a civil rights claim.  The District Court judge heard evidence that a Human Rights Commission administrative decision had been rendered against Hererra and on that basis dismissed his lawsuit. The higher court allowed to stand the District Judge's decision to simply "rubber stamp" the discrimination claim, but it reinstated Herrera's retaliation claim. The Court of Appeals pointed out that Herrera's argument that the employer retaliated against him after he filed the civil rights claim had not been heard in the administrative proceeding.  Under Kentucky State law, an unsuccessful administrative claim bars a subsequent civil action, and the Court held that a similar result obtains under Federal law, if all elements of the action are actually heard.

Sixth Circuit dismisses racial discrimination claim brought by 11 black workers

Eleven black employees sued SuperValu Holdings and several individuals, arguing that the defendants maintained an employment environment that is hostile to African-Americans. They provided a "detailed list" of racially-hostile behavior, including vulgar graffiti, overtly racist comments and racially motivated pranks occurring over their 25 years of employment.  The lower court deemed the incidents so isolated and sporadic that they did not constitute a hostile work environment, and the workers appealed.

Employee's race discrimination claim dismissed; FMLA claim needs further development

In Romans v. Mich Dep't of Human Serv, the plaintiff was dismissed from the WJ Maxey Boys Training Center and filed a wrongful discharge suit.  He claimed that he was the victim of racial discrimination and that he was fired, in part, for exercising rights under the Family Medical Leave Act.

With regard to the former claim, he cited the historical attempt to maintain a staff that mirrored the correction center population, i.e., 80% black, as proof that he was mis-treated because he was white.  The Court noted that race appeared to play no role in the disciplinary actions taken against Romans and that there was ample foundation for his supervisors' actions.  With regard to the FMLA claim, however, the Court sent the case back for further development.

The apellate judges pointed out that Romans insisted on leaving, rather than pulling a double shift, because he had been informed of his mother's hospitalization and potentially her impending death.  Romans claimed that he needed to attend to his mother's needs despite the fact that his sister was already present at the hospital.  The lower court had suggested that the sister's presence obviated any FMLA basis for refusing to cover the back-to-back shift when a replacement did not show up:  on appeal the higher court held that Romans had raised a valid FMLA claim despite the sister's presence at the hospital.

Time limit in application for employment is applied to eliminate racial discrimination claim

Stephania Donald was hired as a youth care worker by Wolverine Human Services in 2007.  Two years later she was fired.  She claimed that she was passed over for promotion and then fired as a result of racial discrimination.  Unfortunately for her, when she applied for work in 2007, the employer's employment application "allowed" her to contract away her civil rights by requiring her to waive any wrongs done to her if she didn't sue within 180 days.  Since she didn't immediately sue when she was passed over or when she was fired, she was not allowed to bring any action against the employer.  The normal time limits (usually three years) contained in state and federal law were "waived." 

Supreme Court says church can fire teacher with theological duties, regardless of claimed disability discrimination

A case arising out of a Lutheran school in Redford, Michigan, has resulted in a new ruling by the U.S. Supreme Court with regard to the parameters of separation of church and state. Cheryl Perich taught at the Hosanna-Tabor Church school.  Her duties included 45 minutes of religion-related instruction per week.  

Perich claimed that the church violated federal law by discriminating against her medical disability, in violation of the Americans with Disabilities Act.  She filed an EEOC claim and followed-up with a lawsuit.  The school then fired her for resorting to the Courts to resolve her complaint.  Lower courts had ruled that the Church could be held accountable for a violation of federal law.  The Church appealed, seeking a ruling that under the "ministerial exception" to state and federal law, it had the unfettered right to fire anyone involved in teaching church doctrine, even if the employee's "ministerial" duties were relatively insignificant.

Reserve Serviceman's retaliation claim is sent back to be resolved by the jury

Walleon Bobo is an African American combat veteran who worked for UPS from 1987 until he was terminated by the company in 2005. He had risen within the ranks of UPS from an hourly employee to become a supervisor at the employer's Oakhaven facility in Memphis, Tennessee.  Bobo established proofs demonstrating that his supervisors did not like accommodating his annual leave for service in the Reserves, and when he was fired on a record integrity charge, he filed suit against the company.

Court finds no discrimination in corporation's treatment of foreign workers

Michael Haase and Andre Ley are German engineers who were given temporary work assignments by their employer, IAV GmbH in the United States.  Under the terms of their work assignments, they had the right to return to equivalent jobs in Germany after their temporary U.S. assignment ended.  They claimed that they suffered health problems as a consequence of volatile organic compounds (VOC) in the U.S. building where they were assigned to work, however, the employer could not substantiate the cause of the problem.  They were "accommodated" by voluntary leaves under the FMLA until assignments were located off-site with customers.

Race discrimination case fails where evidence of disparate treatment involves dissimilar issues

The Motor City Casino fired Antwan Davis after it learned that he had surveilled an employee who counted money from slot machines, without disclosing to the employer that he had fathered a child with the other employee in a long-term relationship.  The Casino maintains a no fraternization policy for surveillance employees and discharged Davis after learning of the long-term relationship from a third-party and learning that the slot-counting employee had provided Davis with a car. 

Ethnic origin civil rights case is dismissed

Ke Ding, of Chinese national origin, sued Autoliv ASP, Inc., alleging that he was terminated because of her ethnicity.  The Defendants argued the termination was a product of a reduction in force necessitated by an economic downturn.  The trial court refused to allow Ke to file a late answer to the Motion for Summary Disposition and ultimately dismissed her claim.  She appealed arguing that the lower court's decisions were in error.

Dismissal of racial discrimination claim is upheld in Court of Appeals

Recardo Clemons sued his employer, B.K. Teachout Investigations, arguing that his termination was motivated by racial animus. The lower court dismissed his claim and the Court of Appeals re-stated his proof requirements. To prevail in a case of illegal discrimination in Michigan, the Plaintiff was required to show that he belonged to a protected class, that he suffered an adverse employment action, that he was qualified for his position, and that he was discharged under circumstances that created an inference of illegal discrimination. 

These proofs shift the burden to the employer who must then articulate a legitimate, nondiscriminatory reason for the adverse employment action.  If the Defendant provides such an explanation, the burden shifts back to the employee, in Michigan, to establish that the Defendant's explanation was "pretextual" (that is, that it had no basis in fact).