The United States Court of Appeals for the Eleventh Circuit issued a significantly higher number of published decisions in the area of employment discrimination during the 2010 survey period. It is too early to tell whether this will become a new trend or is a one year aberration. However, the Eleventh Circuit handed down eight published Title VII decisions during the survey period (as opposed to only one published decision the year before), and thirteen published employment discrimination opinions overall (as opposed to only three during the 2009 survey period). Three of these decisions were in the ever troublesome area of sexual harassment.
The Supreme Court of the United States continued to be active in the employment discrimination arena as well. In Lewis v. City of Chicago, the Court clarified the application of the appropriate statute of limitations in the context of a disparate impact case, and in the process, allowed a class of African-American firefighter candidates to move forward with their Title VII class action lawsuit against the City of Chicago's firefighter entrance exam. In other action, the Court in Perdue v. Kenny, and pursuant to 42 U.S.C. § 1988, determined the propriety of enhanced attorney fee awards for outstanding results.
Corbin, Peter Reed and Duvall, John E.
Mercer Law Review: Vol. 62:
4, Article 6.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol62/iss4/6