Ninth Circuit Permits Title VII Harassment Suit by Openly Gay Employee

A gay employee subjected to offensive physical contact and hostile verbal remarks could take his sexual harassment claim to trial. While sexual orientation itself is not protected under Title VII, the court found the employee was subjected to the offensive conduct because of his gender, which is sufficient to state a claim for sexual harassment. Rene v. MGM Grand Hotel Inc.

Full Story

Ninth Circuit Finds No Adverse Employment Action, Hence No Prima Facie Case Of Discrimination, Based on Written Warning or Transfer

Plaintiff, a deputy probation officer, complained of race discrimination based on comments made by his supervisor, his lateral transfer to another position, and a written warning. The court found none of these events constituted an adverse employment action. Vasquez v. County of Los Angeles.

Full Story

To Show a Disability, Monocular Employee Must Show Impairment Prevents Or Severely Restricts Use Of Eyesight Compared To Unimpaired Individuals

The Ninth Circuit ruled several monocular employees who wanted to drive trucks but who were not qualified to do so under the company's "vision protocol," were not disabled because monocular vision does not substantially limit major life activities. However, the employees were permitted to return to court to determine whether they were "regarded as" being disabled. EEOC v. United Parcel Service.

Full Story

Employee Fired for Adultery Not Protected under Constitution

A deputy sheriff who was terminated for having an adulterous affair with an informant sued, claiming his constitutional right to freedom of association was violated. The Sixth Circuit concluded the "adulterous nature of the relationship" excluded it from constitutional protection. for relationships "that attend the creation and sustenance of a family." Marcum v. McWhorter.

Full Story