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Cases and Projects
Below are links to briefs and court opinions for the Civil Rights Appellate Clinic’s cases. Additional briefs filed in Supreme Court cases may be found at SCOTUSblog.
- Carder v. Continental Airlines, Inc.
The Civil Rights Appellate Clinic paved the way for Congress to explicitly outlaw workplace harassment because of military service. The clinic teamed up with Pilot Law, P.C. to serve as co-counsel in Carder v. Continental Airlines. In Carder, a group of pilots for Continental Airlines filed suit under the Uniform Services Employment and Reemployment Rights Act (USERRA) alleging that the airline created a hostile work environment for employees who also served in the military. The clinic drafted a Petition for Writ of Certiorari urging the United States Supreme Court to clarify USERRA’s language and declare that the statute prohibited hostile work environments based upon military status. The petition was ultimately denied, but the clinic’s advocacy led the Department of Labor to recommend that Congress amend USERRA. Congress quickly did so, in a bipartisan action that now protects reservists and National Guard members from facing a hostile work environment for fulfilling their military obligation.
- Coleman v. Maryland Court of Appeals
Is a state immune from suit for damages when it declines to give its employee the self-care leave mandated by the Family and Medical Leave Act (FMLA)? The answer will come soon from the United States Supreme Court, thanks to the Civil Rights Appellate Clinic. The clinic joined as co-counsel in Coleman v. Maryland Court of Appeals and was instrumental in getting Mr. Coleman’s petition for certiorari granted. The clinic drafted and filed petitioner’s merits brief and reply to respondent’s brief, arguing that the FMLA’s self-care provision validly abrogates the states’ Eleventh Amendment immunity. Then, the clinic helped Clinic Director Michael Foreman prepare for his oral argument before the Court. The transcript of Professor Foreman’s January 11, 2012, argument can be found at http://www.supremecourt.gov/oral_arguments/argument_transcripts/10-1016.pdf and the audio recording of the argument can be heard at http://www.oyez.org/cases/2010-2019/2011/2011_10_1016#argument.
The Court issued its opinion in Coleman v. Maryland Court of Appeals on March 20, 2012. In a plurality decision, the Supreme Court affirmed the Fourth Circuit’s holding. The plurality opinion explains that while it is clear that workplace gender discrimination has been and continues to be a major problem in our country, the legislative record failed to contain sufficient evidence indicating that the states were engaging in gender discrimination in the granting of self-care leave. Therefore, according to the plurality, Congress did not validly abrogate the states’ sovereign immunity when it enacted the self-care provision of the FMLA. In a rare move, Justice Ginsburg read her dissenting opinion from the bench. The dissent, joined by three other justices, mirrors the arguments set forth by petitioner and its amici.
- Ash v. Tyson
The Civil Rights Appellate Clinic has joined the NAACP Legal Defense Fund and the New York Law School Racial Justice Project in urging the Eleventh Circuit to clarify when the use of the word “boy,” directed at black employees, is evidence of racial bias. In Ash v. Tyson, a white employee with little experience was promoted to a management position at a Tyson Foods plant instead of John Hithon, a black employee who had worked a the factory for many years. A jury awarded Mr. Hithon over $1 million, but the Eleventh Circuit overturned the verdict. The Clinic joined an amicus brief recommending that the court rehear the case en banc. Noted civil rights leaders, many of whom were contemporaries of Dr. Martin Luther King, Jr., filed the brief. This case has been before the Eleventh Circuit four times and the Supreme Court once. It is similar to the appeal that the Clinic pursued in Ford v. Mansfield.
- Thompson v. North American Stainless, LP
In Thompson, the Supreme Court clarified the scope of Title VII’s anti-retaliation provision. The Clinic filed an amicus brief on behalf of six national organizations in support of Eric Thompson, arguing that North American Stainless violated Title VII when it fired Thompson after his fiancé complained of sex discrimination. The Supreme Court ruled unanimously in Thompson’s favor. It held that the anti-retaliation provision prohibits any employer action that might dissuade a reasonable worker from making or supporting a charge of discrimination, and that Thompson could proceed with his suit against North American Stainless.
- Ford v. Mansfield
Michael Ford, an African American, was terminated from his position as a building manager at the Horizon House in Arlington, Virginia. He filed suit, arguing that he was fired in violation of 42 U.S.C. § 1981, which prohibits race discrimination in the making and enforcement of contacts. Mr. Ford argues that the defendants interfered with his employment with Horizon House because of his race. The Clinic represented Mr. Ford before the Fourth Circuit Court of Appeals, arguing that the district court incorrectly dismissed his lawsuit without permitting a jury to determine whether Mr. Ford was fired because of his race. The Fourth Circuit ultimately affirmed the district court.
- Staub v. Proctor Hospital
In Staub, the Supreme Court determined that, under the Uniformed Service Employment and Reemployment Rights Act, an employer may be held liable based upon the unlawful intent of officials who influenced or caused an adverse employment action, even though those employees did not make the final employment decision. The Clinic served as co-counsel on behalf of three civil rights organizations and filed an amicus brief in support of Vincent Staub arguing that the employer should be held liable under such circumstances.
- Rent-A-Center v. Jackson
The Clinic, representing six prominent civil rights organizations, filed an amicus brief arguing that district courts should determine the enforceability of an arbitration agreement before a party is compelled into arbitration over employment matters. The Supreme Court held that under the Federal Arbitration Act, the arbitrator, and not the district court, determines the enforceability of the arbitration agreement.
- Lewis v. City of Chicago
The Clinic served as co-counsel in filing an amicus brief on behalf of two non-profit advocacy groups in support of the Petitioners. The Clinic took the position that the timing period for filing in a lawsuit that challenges a test that has a discriminatory disparate impact begins to run each time the test is used. The Supreme Court unanimously agreed.
- Gregory v. Dillard's, Inc.
In Gregory, a group of African-Americans filed a lawsuit claiming that the department store Dillard’s in Columbia, Missouri violated the Civil Rights Act of 1866 by creating or allowing harassment designed to deter them from purchasing merchandise. After the Eighth Circuit Court of Appeals dismissed their suit, the Clinic was co-counsel for the plaintiffs in filing a Petition for Certiorari in the Supreme Court. Ultimately, the Supreme Court declined to hear the case.
- Ricci v. DeStefano
The Clinic, representing four national civil rights organizations, filed a brief arguing that the City’s actions did not violate the Equal Protection Clause when it threw out the results of a test that would have allowed promotion for a disproportionate number of non-minority firefighters. The Court determined 5-4 that the city of New Haven, Connecticut violated Title VII, but it did not address the Equal Protection issue.
- Gross v. FBL Financial Services, Inc.
The Clinic, as counsel of record for five civil rights groups, filed an amicus brief arguing that plaintiffs filing suit under the Age Discrimination in Employment Act should be able to prove their case with circumstantial evidence of discrimination. The Court acknowledged that an employee may prove discrimination through circumstantial evidence but held that an ADEA plaintiff must show that age was the but-for cause of the employer’s decision.
- 14 Penn Plaza, LLC v. Pyett
In Pyett, the Clinic filed an amicus brief on behalf of seven national civil rights groups arguing that a collective bargaining agreement’s provision waiving an employees’ right to file employment discrimination lawsuits was invalid. The Supreme Court held that such clauses are enforceable.
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