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The Eighth Circuit joins other U.S. Courts of Appeals that have ruled on claims that an employer violated Title VII by imposing a sex-stereotyped stigma on a protected employee.  In the case of Lewis v. Heartland Inns of America, No. 08-3860 (8th Cir.2010), the defendant took away the plaintiff's front-desk clerk's daytime hours because she supposedly dressed like Ellen DeGeneres and lacked the "Midwestern girl look."  The district court granted summary judgment in favor of the defendant and the Eight Circuit Court of Appeals reversed the summary judgment and remanded for trial.

Previously, the Ninth, Seventh, and Sixth Circuits and (most recently) the Third Circuit (Prowel v. Wise Business Forms, Inc., 579 F.3d 285 (3d Cir. 2009)) have ruled on claims that an employer discriminated against (or tolerated harassment of) employees whose dress and behavior did not conform to a gender stereotype of feminity or masculinity.  All of these courts recognized such a claim under Title VII or parallel state laws. 

A 15 year old girl was arrested with a friend for the taking of her friend's mother's car without the mother's permission.  While in the holding cell, the police officer violently assaulted the teen.  Watch the police brutality and the interview of the victim and the father of the victim.
The former transit police officer that shot and killed an unarmed 22 year old in Oakland California on News Year Day has been charged with murder.  Following the shooting, which was captured by video, police detectives performed an investigation and submitted a report to the prosecutor's office.  Following the submission of the report, the officer was arrested for murder.  More details of this story can be read here.
On New Years Day, Transportation police in Oakland, California fatally shot a 22 year old unarmed man who was in lying face first on the ground with officers preparing to handcuff him.  Certain witnesses captured this shooting on video.  Based on the videos, there is no doubt that that the shooting was unjustified.  In fact, from the video it appears that the shooting was an execution.
A South Carolina jury recently awarded a woman $3.1 million verdict in her defamation case against Target.  The woman was shopping at Target when she was confronted by Target employees who accused her of using a counterfeit $100 bill to pay for her merchandise.  The store refused to allow her to purchase her items.  The Target store then sent email to multiple businesses, government agencies and law enforcement agencies notifying them that the woman was using counterfeit money.  Target even notified the woman's employer.  The Secret Service visited the lady at her job and interrogated her.  The Secret Service stopped the interrogation after it learned that the money was real.  The jury returned a verdict as follows: $100,000 in compensatory damages and $3 million in punitive damages.  The plaintiff's lawyer argued to the jury that Target wants people to come to its stores and spend money, but instead of taking his client's money they took her good name.  And you can look everywhere in the store but you cannot find a good name for sale.  Apparently, the jury agreed.

Connecticut's anti-discrimination law prohibits discrimination in employment against any employee who is gay, lesbian or bisexual or who is identifed as being gay, lesbian or bisexual. You do not have to be "out" to be protected. You do not even have to be gay to be protected from discrimination based on sexual orientation.  Connecticut is one of about a dozen states that has a statute prohibiting employment discrimination on the basis of sexual orientation and gender identity. 

There is no federal law prohibiting such discrimination.  There is legislation pending in Congress that would outlaw discrimination on the basis of sexual orientation but not on gender identity. 

Millions of Americans with diseases or impairments such as diabetes, epilepsy, heart disease, cancer and carpal tunnel syndrome will be protected from job discrimination under a new disability rights measure set to become law this week. The bill, five years in the making, won final passage in Congress last week, and President Bush said he would sign it.

The measure overturns a series of Supreme Court rulings that sharply limited who was covered by the Americans With Disabilities Act. When it was first passed in 1990, Congress said the anti-discrimination law protected anyone with a "physical or mental impairment" that "substantially limits" them when engaging in a major life activity.
 
The Supreme Court went ahead and interpreted the law to apply only to people who have disabilities above and beyond common impairments such as hearing loss or a medical condition that can be treated and controlled by medication. 

In 1999, the Supreme Court threw out a disability discrimination claim from a truck mechanic in Kansas who was fired because he had unusually high blood pressure. The court ruled that he did not have a disability because medication brought his blood pressure under control.

Due to how the Supreme Court was interpreting the ADA, the law was putting disabled workers in a Catch-22.  It allowed employers to say that the worker were too disabled to do the job but not disabled enough to protected by the ADA.  It was an absurd interpretation that defeated the spirit and intention of the law and was creating absurd and unjust results.  Based on the Court's rulings, the ADA was simply failing to protect disabled workers from employment discrimination. 

Thankfully the law is being changed to ensure that all disabled workers are protected from job discrimination.

The number of Discrimination Charges filed with the EEOC increased to 82,792 in 2007, up from 75,768 the previous year. Race, Gender and Retaliation charges were the most frequently reported charges. While announcing the numbers, EEOC Commission Chair Naomi C. Earp stated that Corporate America needs to do a better job of proactively preventing discrimination and addressing complaints promptly and effectively. To ensure that equality of opportunity becomes a reality in the 21st century workplace, employers need to place a premium on fostering inclusive and discrimination-free work environments for all individuals.

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