ADA, harassment, discrimination Flashcards
Griggs v Duke Power Co
Duke Power required employees without high school diploma to take two tests to move up in the company
- this was post civil rights act
- white employees were 10x more likely to pass than Black
SCOTUS ruled that the tests didn’t pertain to the job
- employer needs to prove the business necessity of the test
Meritor Savings Bank v Vinson
woman had sex with her boss because she was worried she’d get fired if she didn’t
SCOTUS established that the standard for hostile work environment is “WELCOMENESS” and NOT “voluntariness”
- ok to bring suit even tho she had sex “willfully”
Ellison v Brady
sexual harassment standard must be judged by the REASONABLE WOMAN Standard
Massachusetts Mutual Life Insurance Co v Ouellette
optometrist was convicted of L&L and surrendered his license and went to prison
he then filed for disability (paraphilia?)
Court ruled that he was able to work for the last 10 years prior with his disability so he didn’t qualify for benefits
Damascus v Provident Life Insurance Company
Dr. Damascus filed for disability bennies even though he was still working under supervision of another dentist
Court ruled that he failed to show that a mental disability rendered him totally disabled
- no bennies to be paid if you lost your license due to negligence
Burlington Industries Inc. v Ellerth
landmark employment law case:
- employers are liable if supervisors create hostile work environment
employers mus show:
1. they took action to prevent/correct bx
2. employee failed to take advantage of corrective measures available
Bragdon v Abbott
HIV+ and asymptomatic is protected under ADA
Oncale v Sundowner Offshore Services
SAME SEX (males in this case) sexual harassment is considered actionable under Title VII of civil rights act
Cleveland v Policy Management Systems Corp
SCOTUS held that SSDI and ADA claims do not conflict in such a way as to automatically bar them from being raised jointly
Olmstead v L.C. ex rel Zimring
States must provide community-based services for mentally disabled people
institutionalizing them is discrimination if community treatment is recommended
Black & Decker Disability Plan v Nord
plan administrators aren’t obligated to accord special deference to the opinions of treating physicians
Ricci v DeStefano
firefighters were given an exam to get promoted, white and hispanic employees did much better so the city threw out the results of the exam and promoted no one
- those employees then sued the city
SCOTUS ruled the city needed a “strong basis in evidence” to throw out the test
