NAACP v. North Hudson Regional Fire & Rescue, Nos. 10-3965, 10-15015 (3 rd Cir. Dec. 12, 2011).
Glenn v. Brumby, No. 10-14833, 10-15015 (11 th Cir. Dec. 6, 2011).
In a significant opinion, the Eleventh Circuit upholds a plaintiff's Section 1983 claims based upon the Equal Protection Clause against a state government official for firing her based on sexual stereotypes related to gender identity disorder and gender transition.
The published opinion is by Judge Barkett and was joined by Judges Pryor and Kravitch. The attached opinion certainly is significant for transgender issues, but also because of its broad language on sex stereotyping:
Naaco Materials Handling Group, Inc. v. Lilly Co., No. 11-2415 AV, 2011 WL 5986649 (W.D. Tenn. Nov. 16, 2011).
Hosanna-Tabor v. EEOC, No. 10-553 (U.S. Jan. 2012).
The Supreme Court, in Hosanna-Tabor v. EEOC, reversed the Sixth Circuit - which had held that a teacher (Ms. Perich) at a church school could bring a ADA retaliation claim - and instead held that the religious or ministerial exemption to ADA (similar to that for Title VII) precluded her claims, since the church regarded the teacher as a minister.
Hamilton v. Geithner, No. 10-5419 (D.C. Cir. Jan. 17, 2012).
The D.C. Circuit, in a decision by Judge Tatel (joined by Judges Garland and Ginsburg, with no dissent or concurrence), held that Judge Walton erred in granting summary judgment in a Title VII discrimination and retaliation case brought by an IRS employee. Although one discrimination claim was not administratively exhausted, the other discrimination claim - denial of a permanent promotion - was properly before the court. The retaliation claim was remanded for further analysis by the district court.
Heller v. District of Columbia, No. 2003-CV-0213 (D.D.C. Dec. 29, 2011)
Meade v. Shangri-la P'ship, No. 128, Sept. Term 2008 (Md. Jan. 26, 2012).
The Court of Appeals reversing the Court of Special Appeals found that a severe latex allergy was a disability, and reinstated the jury verdict in favor of the Plaintiff. In this case, Lisa Meade, a parent of a 2-year old son, objected to the use of powdered latex gloves at her son’s pre-school due to Ms. Meade’s severe latex allergy. Efforts to get the school to change its practices failed, and Ms. Meade sued for discrimination based on her “handicap”.