an update for the week of april 17, 2006
today's workplace: the employee rights blog
Proving What Should Be Obvious: When I hear all this talk about "frivolous lawsuits," I'd be perfectly happy to concede that an occasional lawsuit can be brought with insufficient grounds or for the wrong reasons, if the people blathering on about such claims would in turn concede that there are meritorious cases that the courts throw out on completely asinine grounds. This past couple of weeks, there have been at least two federal lawsuits resulting in losses for the worker who brought them that meet that cringeworthy criterion. When a court dismisses a case for failing to "prove" what the average fifth-grader already knows, then it's obviously dealing in the land of the frivolous. Let's talk about that for a change, why don't we?
this week in the courts
Jespersen v. Harrah's Operating Co., Inc.  (Ninth Circuit; No. 03-15045)
Decision Date: April 14, 2006
Summary judgment to an employer on Title VII sex discrimination claims brought by an employee who was terminated for failing to comply with a workplace makeup requirement is affirmed since, although appearance standards such as makeup requirements may well be the subject of a Title VII claim for sexual stereotyping, plaintiff failed to create any triable issue of fact that the challenged policy was part of a policy motivated by sex stereotyping.
Cottrill v. MFA, Inc.  (Eighth Circuit; No. 05-1748)
Decision Date: April 7, 2006
Summary judgment to defendant-employer in a suit alleging sex discrimination in violation of Title VII arising from a supervisor's use of a bathroom peephole is affirmed where the district court did not err in dismissing disparate treatment claims for failure to exhaust administrative remedies, and plaintiffs failed to establish their prima facie claims of hostile work environment.
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