Tag Archives: discrimination

Sixth Circuit Rules on $200,000 Back Pay Issue

On Wednesday, the Sixth Circuit issued its decision in Szeinbach v. The Ohio State University. The case centered on Szeinbach’s claim that she was discriminated against while she was employed as a professor with the Ohio State University College of Pharmacy. Szeinbach alleged that she was the victim of discrimination and retaliation stemming from her … Continue Reading

BREAKING: Sixth Circuit En Banc Court Adopts New Standard For Proving Discrimination Under the ADA, But In A Bold Move Refuses To Adopt The Standard Followed By A Supermajority Of Circuit Courts

Earlier today in its en banc decision in Lewis v. Humboldt Acquisition Corp., No. 09-6381 (PDF), the Sixth Circuit unanimously overruled the standard set forth in its 16 year-old decision in Monette v. Electronic Data Systems Corp., 990 F.3d 1173 (6th Cir. 1996), which required a plaintiff bringing a discrimination claim under the Americans with … Continue Reading

6th Circuit Reverses District Court for Mismanaging Discovery in Discrimination Case

In Bobo v. United Parcel Service, Inc., the Sixth Circuit ruled that the district court erred in its management of discovery related to Walleon Bobo’s discrimination and retaliation claims brought against UPS.  Bobo, an African-American supervisor for UPS and a longstanding member of the Army Reserve and a combat veteran, was terminated in May 2007 … Continue Reading

Sixth Circuit Defines EEOC ‘Charge’ in Context of Discrimination Lawsuit

In Williams v. CSX Transportation Co., Inc. (6th Cir. 09-5564 June 28, 2011) (PDF), a splintered panel of the Sixth Circuit provided content to an undefined statutory term in an EEOC lawsuit, resuscitating a plaintiff’s allegations of a sexually-hostile work environment along the way. The plaintiff, Stephanie Williams (“Williams”), sued her employer, CSX Transportation Co. … Continue Reading

Just As We Predicted Back in March, the Sixth Circuit Grants Rehearing En Banc in the Lewis Case Involving Discrimination Claims Under the ADA

Back in March, when we reported on the Sixth Circuit’s decision in Lewis v. Humboldt Acquisition Corp, No. 09-6381 (6th Cir. Mar. 17, 2011) (PDF), we noted that Lewis was “one of those rare candidates for rehearing en banc.”  Our predictive powers proved accurate yesterday when the Sixth Circuit voted for a rehearing en banc in the Lewis … Continue Reading

Sixth Circuit Declines to Adopt Rule Followed in at least 10 other circuits under the ADA

The Sixth Circuit yesterday declined to adopt the rule followed in a supermajority of Circuits for bringing a discrimination claim under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq.  See Lewis v. Humboldt Acquisition Corp, No. 09-6381 (6th Cir. Mar. 17, 2011) (PDF).  In at least ten other Circuits, a plaintiff … Continue Reading