Friday, June 22, 2018
- Third Circuit: In rejecting claim that public school policy of allowing transgender students to use bathrooms and locker rooms consistent with their gender identity violated constitutional “right to privacy” and Title IX rights of cisgender students (those who identify as being the same sex they were determined to have at birth), the court held that school policy serves a compelling state interest in not discriminating against transgender students and was narrowly tailored to that interest; the policy does not discriminate based on sex because it allows all students to use bathrooms and locker rooms that align with their gender identity; and the presence of transgender students in bathrooms and locker rooms did not create a “hostile environment” for cisgender students; and the court noted support (without deciding issue) for the school’s argument that barring transgender students from using privacy facilities that align with their gender identity would, itself, constitute discrimination under a sex-stereotyping theory in violation of Title IX
- First Circuit: In affirming $2.6 million jury verdict in employment discrimination claim based on race, the court held that there was ample direct evidence of racial discrimination; despite plain error by trial court in limiting evidence at trial to what was submitted by defendant in its request to lift default, defendant failed to make any offers of proof at trial as to what it would have presented as evidence absent the sanction; defendant failed to object at trial to judge allowing plaintiff to add hostile work environment theory on last day of trial; and defendant waived argument that First Circuit decision disallowing § 1981 claims against state actors applied
- EEOC: Comprehensive report identifies barriers to women in federal public safety positions (they occupy only 13% of positions), including misperceptions that women are uncomfortable with carrying firearms, misperceptions that women are uncomfortable with physically strenuous job functions, hiring officials’ concerns that women cannot meet rigorous fitness exam requirements, and too few initiatives that are aimed at the recruitment of women
- US District Court ME: $5 million settlement approved in Route Sales Drivers’ class action claim for unpaid wages
- First Circuit: the court rejected constitutional challenge to Maine “Wrongful Birth Statute,” which barred plaintiff’s medical malpractice action for damages stemming from birth of a healthy child due to failed contraceptive implant
- Maine Department of Labor: Daniel Bolduc hired as Director of the Bureau of Labor Standards