Justia Civil Rights Opinion Summaries

Plaintiff filed a complaint against his former employer, Facility Solutions Group, Inc. (FSG), for disability discrimination and related causes of action under the Fair Employment & Housing Act. The same month Plaintiff filed this class action against FSG for Labor Code violations, which also included a claim under the Private Attorneys General Act of 2004.   The trial court in this action denied FSG’s motion, finding unconscionability permeated the arbitration agreement because it had a low to moderate level of procedural unconscionability and at least six substantively unconscionable terms, making severance infeasible. On appeal, FSG contends claim and issue preclusion required the trial court in this action to enforce the arbitration agreement.   The Second Appellate District affirmed. The court agreed with the trial court that the arbitration agreement is permeated with unconscionability, and the court cannot simply sever the offending provisions. Rather, the court would need to rewrite the agreement, creating a new agreement to which the parties never agreed. Moreover, upholding this type of agreement with multiple unconscionable terms would create an incentive for an employer to draft a onesided arbitration agreement in the hope employees would not challenge the unlawful provisions, but if they do, the court would simply modify the agreement to include the bilateral terms the employer should have included in the first place. View "Mills v. Facility Solutions Group" on Justia Law

Pursuant to Rule 8.548(b)(2) of the California Rules of Court, the Ninth Circuit requested that the Supreme Court of California decide the certified question presented below: Do non-convicted incarcerated individuals performing services in county jails for a for-profit company to supply meals within the county jails and related custody facilities have a claim for minimum wages and overtime under Section 1194 of the California Labor Code in the absence of any local ordinance prescribing or prohibiting the payment of wages for these individuals? View "ARMIDA RUELAS, ET AL V. COUNTY OF ALAMEDA, ET AL" on Justia Law

Before her retirement, Plaintiff was employed by the Oregon Health Authority, and SEIU was the exclusive representative for her bargaining unit. Plaintiff never joined SEIU, but the State deducted union dues from her salary and remitted the dues to SEIU. Plaintiff alleged that SEIU forged her signature on a union membership agreement. Plaintiff demanded that the State and SEIU stop the dues deductions and return the withheld payments. After she retired, Plaintiff filed this action against State defendants and SEIU, alleging several constitutional claims under 42 U.S.C.   The Ninth Circuit affirmed the district court’s dismissal of Plaintiff’s claims for prospective relief against all defendants for lack of jurisdiction and her claims for retrospective relief against Service Employees International Union Local 503 (“SEIU”) for failure to allege state action under 42 U.S.C. Section 1983. Because jurisdiction is a threshold issue, the panel first considered whether it could entertain Plaintiff’s claims for prospective declaratory and injunctive relief against all defendants. As to Plaintiff’s claims for prospective relief for violation of her First Amendment rights, the panel concluded that her fear of future harm was based on a series of interferences that were too speculative to establish a “case or controversy” for the prospective relief she sought.   Plaintiff’s theory that potential future unauthorized dues deductions chilled the exercise of her First Amendment rights was also too speculative to establish standing. The panel concluded that she lacked any concrete interest in her future wages or her right to be free from compelled union speech that were threatened by the alleged lack of procedural safeguards. View "JODEE WRIGHT V. SEIU LOCAL 503, ET AL" on Justia Law

Plaintiffs-Appellants Cariene Cadena and similarly situated employees (Appellants) are employed by Customer Connexx LLC (Connexx) to operate a call center in Las Vegas, Nevada. Appellants’ primary responsibilities are to provide customer service and scheduling to customers over a “softphone,” operated only through their employer-provided computers.   The Ninth Circuit reversed the district court’s summary judgment in favor of Defendant Customer Connexx LLC and remanded for further proceedings in a collective action brought under the Fair Labor Standards Act by call center workers. The panel concluded that the district court correctly identified the workers’ principal duties as answering customer phone calls and scheduling appliance pickups. Agreeing with the Tenth Circuit, the panel held that the workers’ duties could not be performed without turning on and booting up their work computers, and having a functioning computer was necessary before the workers could receive calls and schedule appointments. Accordingly, turning on the computers was integral and indispensable to the workers’ duties and was a principal activity under the FLSA. It, therefore, was compensable.   The panel reversed the district court’s summary judgment on the FLSA claim and remanded to the district court for consideration of whether time spent shutting down computers was compensable, whether the time spent booting up and down the computers was not compensable under the de minimis doctrine, and whether Connexx had no knowledge of the alleged overtime such that it was not in violation of the FLSA’s overtime requirements. View "CARIENE CADENA, ET AL V. CUSTOMER CONNEXX LLC, ET AL" on Justia Law

Springfield’s publicly-owned utility hires water meter readers, subject to a 12-month probationary period. Mayor Langfelder hired Dunlevy and Murray as meter readers. They received the same pay and reported to the same supervisor. There were five levels of supervision between them and the mayor. Near the end of their probationary periods, both men were investigated. Dunlevy had inaccurately recorded meters at seven different homes, which is a fireable offense even for protected employees. Murray had been starting work late, leaving early, and walking off the job for up to three hours. Murray also failed to disclose a seven-year-old burglary conviction on his application. All of the supervisors unanimously recommended that both men be fired. Langfelder fired Dunlevy, who is white, but not Murray, who is Black.Dunlevy brought an equal protection claim (42 U.S.C. 1983) against Langfelder and an Illinois Human Rights Act claim and a Title VII claim (42 U.S.C. 2000e) against the city for disparate punishment based on race. The Seventh Circuit vacated the dismissal of the case. The district court drew too narrow a comparison: The two men are sufficiently similarly situated for Dunlevy to bring his claims to trial. Dunlevy’s meter curbing undermined the core function of the utility; Murray’s tardiness and absences undermined a basic tenet of any employment: be present. View "Dunlevy v. Langfelder" on Justia Law

Tate has worked for the Sheriff of Cook County since 2007. In his third year as a correctional officer, Tate suffered a back injury. He returned to work under medical restrictions that required him to “avoid situations in which there is a significant chance of violence or conflict.” After Tate was promoted to sergeant, the Sheriff’s Office accommodated this medical restriction by allowing him to work in the Classification Unit, where the possibility of violence or physical conflict was relatively remote. When Tate sought a promotion to lieutenant, he was told that the Sheriff could not accommodate him in that position. Correctional lieutenants had to be “able to manage and [defuse] regular, violent situations involving inmates.” Tate’s doctor declined to modify his medical restrictions,Tate sued, alleging violations of the Americans with Disabilities Act, 42 U.S.C. 12101, and the Illinois Human Rights Act. The Seventh Circuit affirmed summary judgment in favor of the Sheriff’s Office. In concluding that Tate could not perform the “essential functions,” the court considered the employer’s judgment, written job descriptions, the amount of time spent performing the function, the consequences of not requiring the incumbent to perform the function, the collective bargaining agreement, and the work experience of incumbents in the job. View "Tate v. Dart" on Justia Law

Plaintiff appealed the district court’s dismissal of his Title VII discrete act and hostile work environment claims against the Federal Aviation Administration. The Second Circuit affirmed. The court concluded that Plaintiff’s claims were properly dismissed. The court first concluded that Plaintiff’s failure-to-train claim is time-barred by the applicable statute of limitations, which requires that a claimant initiate an administrative review of his employment discrimination claim within 45 days of the allegedly discriminatory conduct. Further Plaintiff failed to point to any particular discrete and actionable unlawful employment practice that occurred in the 45 days before he initiated an administrative review of his claims. The continuing violation doctrine does not allow Plaintiff to pursue alleged incidents of unlawful practices that occurred before the 45-day period, as the doctrine is inapplicable to discrete act claims. Second, as to Plaintiff’s hostile work environment claim, Plaintiff failed to establish a prima facie case that his employer’s alleged failure to train him or the other alleged incidents of hostile behavior in the workplace was motivated by hostility to his race, color, or national origin. View "Tassy v. Buttigieg" on Justia Law

The School District includes four high schools. Groves, who is white, started at the District in 1991 as a teacher. In 2007 he became the Adams High School athletic director. In 2017 Groves applied to serve as Corporation Director of Athletics, a new, District-wide position. Superintendent Spells interviewed four applicants and recommended Gavin, who is Black, explaining that Gavin inspired confidence in his ability to repair the District’s relationship with the Indiana High School Athletic Association; Groves interviewed poorly and seemed to boast of firing 24 coaches during his tenure. Noncompliance with Association regulations occurred under Groves’s watch at Adams.Groves sued under Title VII, noting that Spells is also Black. The District later eliminated the Corporation Director of Athletics position and created a hybrid Dean of Students/Athletics position at each of the four high schools. Groves, Gavin, and seven other candidates applied for the four new positions. The Riley High School position went to Gavin. Groves added a claim of retaliation based on the elimination of his position. The Seventh Circuit affirmed the summary rejection of his claims. Groves was not substantially more qualified than Gavin. Both met the criteria that the District required for the position. The court rejected a claim of pretext. Although Gavin’s criminal background came to light after the challenged hiring decisions, the District interpreted its background check policy as applying only to external hires, not existing employees moving to new positions. View "Groves v. South Bend Community School Corp." on Justia Law

Plaintiff began working for the defendant Employer in 2006 as a sales representative. In March 2015, she accepted a position as an Area Sales Manager, which she held until June 2017, when she was promoted to the position of Field Sales Director. Later in 2017, as part of a corporate reorganization, Plaintiff's position was eliminated and she was terminated. Plaintiff raised several claims under FEHA and the Equal Pay Act. The trial court granted summary judgment to Employer.The Second Appellate District reversed in part, finding that Plaintiff raise triable issues of fact on her Equal Pay Act claims. The court otherwise affirmed. View "Allen v. Staples, Inc." on Justia Law

Runkel worked as the assistant purchasing agent for Springfield, Illinois. The purchasing agent announced that he planned to leave the position. Runkel, who is white, unsuccessfully sought a promotion to that job. The city promoted a Black candidate, Wilkin, who had worked under Runkel’s supervision. Runkel was offered a $5,000 per year raise but nonetheless stated that she believed the hiring was discriminatory; she caused a disturbance in the office. Runkel filed a race discrimination charge with the EEOC. Runkel was disciplined and the promised raise was revoked. She retired and filed suit under Title VII, 42 U.S.C. 2000e-2(a)(1), 2000e-3(a), and the Equal Protection Clause. The district court granted the defendants summary judgment.The Seventh Circuit reversed. The city told incompatible stories about how and why Wilkin was chosen for promotion and Runkel was not. One version relied explicitly upon race as a factor. Regarding Runkel’s retaliation claim, the explanation for disciplining Runkel and taking away the promised raise also involves genuine questions of material fact. Her disruptive response to the denial of the promotion could warrant discipline, but giving Runkel the benefit of conflicts in the evidence and reasonable inferences from it, a reasonable jury could find that Springfield’s stated nondiscriminatory justifications for the promotion decision are pretextual and that it retaliated against Runkel for claiming discrimination. View "Runkel v. City of Springfield" on Justia Law