LEB 320F 1st Edition Lecture 22 Outline of Last Lecture II Intentional torts a Assault b Battery c Candle v Betts d Cole v State of LA III Defamation IV False imprisonment a Walmart v Cockrell V Trespass VI Invasion of privacy tory a Young v Jackson VII Intentional infliction of emotional distress a GTE v Bruce VIII Fraudulent misrepresentation Outline of Current Lecture IX Case Overview Chapter 30 X Labor Employment XI Employment Discrimination a Gender b Sexual harassment c Disparate Impact d Equal Pay Act e Age f Disability Chapter 30 Case Overview Redd v NY State Div of Parole Plaintiff Redd filed suit sexual harassment lawsuit against Sarah Washington In 3 incidents Redd complains Washington touched her breasts creating a hostile work environment District court granted summary judgment to defendant Redd appealed and it was reversed Ricci v DeStefano The New Haven fire department relies on objective examinations to identify the best qualified candidates for promotions to the rank of lieutenant or captain The results showed white candidates outperformed minority candidates Some firefighters argued the tests should be discarded because the results showed the tests to be discriminatory Others said the exams were neutral and fair Both sides threatened discrimination lawsuits In the end the City threw out the results and firefighters who passed the exams but were denied a chance at promotions sued the City alleging that discarding the results violated Title vii of the civil rights act The district court granted summary judgment for the defendants and Second Circuit affirmed Plaintiffs appealed The decision was reversed and remanded for entry of summary judgment in favor of plaintiffs that the City s discarding of the test based on race constitutes intentional racial discrimination in violation of Title VII United Automobile Aerospace Agriculture Workers Union v Johnson Controls Inc Johnson Controls Inc manufactures batteries Lead is a primary ingredient in the process which can harm any fetus carried by a female employee In 1982 the company changed its policy to one of exlusion women were completely excluded from jobs involving significant lead exposure unless they presented medical documentation of sterility Several employees and the union filed a class action alleging the company s fetal protection policy constituted sex discrimination in violation of Title VII The court concluded the plaintiffs had established a prima facie case of discriminatory impact Trial court granted summary judgment US Court of Appeals affirmed In their appeal to Supreme Court they had to prove the BFOQ defense The Court of Appeals judgment was reversed and remanded Congress left the choice to the women to make Olson v Northern FS Inc Northern FS fired plaintiff Olson who had won several sales awards in his more than 40 years with the company and replaced him with Bloome a 22 year old with no sales experience Olson filed an ADEA discrimination suit The distict court granted Northern FS s summary judgment Olson appealed and it was reversed The case was sent back to that court for a jury trial on the question of whether the employer s asserted legitimate reason was just a pretext for illegal age discrimination Wagenseller v Scottsdale Memorial Hospital Catherine Wagenseller worked as an ER nurse for the Scottsdale Memorial Hospital She had been recruited personally by ER manager Kay Smith She was an at will employee with no contractual or job guarantees After a camping trip relations between Wagenseller and Smith deteriorated Smith began harassing Wagenseller using abusive language and embarrassing her in front of her peers Wagenseller was fired 5 weeks after the camping trip Wagenseller appealed her dismissal to the hospital and several of its personnel administrators The trial court refused to recognize any exception to the employment at wills doctrine and granted the defendants motions for summary judgment Appeals court reversed judgment but did not grant Wagenseller the relief she wanted so she appealed to AZ supreme court It was determined that the trial court s action of granting summary judgment was in error so reversed and remanded for a trial where Wagenseller will have a full opportunity to prove her allegations Current Lecture Labor Employment o Floor on behavior towards your employees o Historically o Exceptions to common law o Mostly federal statutes Especially labor unions o Status contract status Common law employment at will at any terms you set Kids in coal mines FLSA 14 years and younger mostly no with rural exceptions Time and a half for overtime Contrast with Europe Minimum wage Contrast with common law Employment Discrimination o Title VII Civil Rights Act of 1965 IC and 15 Employees Race color creed gender or national origin Not necessarily overt Creates EEOC No private suit necessary Right to sue letter Types Intentional o Prima facia case protected class not protected class o Then burden shifts o Unless pretext Types of Employment Discrimination o Gender Circumstantial evidence or culture o Sexual harassment form of gender discrimination Quid pro quo you don t get a raise unless you sleep with me Hostile environment more common Employers duties Policies etc Managers co employees customers Same gender Redd v NY state o Disparate Impact A neutral requirement excludes Seniority Ricci v Destefano Johnson Controls BFOQ baby not harmed so not a BFOQ o Stripping acting applies as a BFOQ o Defenses After acquired evidence Doesn t eliminate discrimination but limits damages Other o Equal Pay Act Predates Title VII and is overlapped Same or similar jobs Same pay regardless of gender No minimum number of employees o Age ADEA 1967 20 Employees Protected Class over 40 o Not necessarily over 40 o Favored employee sufficiently younger than disfavored employee o Olson v Northern FS o Disability ADA 1990 Disability Substantially affects one or more major life activities Walking talking hearing seeing etc