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JUDGE SOTOMAYOR'S EMPLOYMENT LAW DECISIONS

Posted by: John Gallagher
June 11, 2009
Topic: Employment Law

Judge Sotomayor's Employment Law Decisions

Judge Sonia Sotomayor, who is currently a judge on the United States Court of Appeals for the Second Circuit, was recently nominated for the United States Supreme Court by President Obama. Judge Sotomayor was appointed to the Second Circuit by President George H.W. Bush. During her time on the Second Circuit, Judge Sotomayor has ruled on a number of employment law cases. She has sided with both employers and employees. This article highlights some of her key decisions while on the Second Circuit.

Decisions in Favor of Employees

In Raniola v. Bratton, a 2001 retaliation case, Judge Sotomayor sided with a female police officer in the New York City Police Department. The Second Circuit reversed the district court's dismissal of Raniola's hostile work environment and retaliation claims and remanded for a retrial of those claims. The court held that Raniola, who was given undesirable shifts and threatened after she complained about sex discrimination, had presented enough evidence for a jury to find that she faced a hostile work environment because of her sex. In addition, the court found that there was enough evidence for a reasonable jury to find that there were retaliatory motives behind her being suspended, placed on probation and ultimately terminated.

Cruz v. Coach Stores, was a 2000 case involving claims under Title VII of the Civil Rights Act of 1964 and allegations of hostile work environment, race discrimination, failure to promote and retaliation. The Second Circuit affirmed the district court's grant of summary judgment for Coach on the plaintiff's termination and disparate impact claims, but reversed summary judgment on her hostile work environment claim. The court noted that Cruz alleged that she had experienced racial slurs and sexual harassment and that the evidence of a human resource manager's physically threatening behavior made this a case involving not just "boorish conduct" but "actionable sexual harassment." Thus, a reasonable jury could decide that Cruz faced a hostile environment because of her sex.

In a 2000 decision in Parker v. Columbia Pictures Industries, Judge Sotomayor reversed the lower court's grant of summary judgment for the defendant employer on Parker's discriminatory discharge claims. In Parker, a former employee sued under the Americans with Disabilities Act (ADA). Among other things, the Second Circuit held that there was a factual dispute as to whether Parker could perform his job with reasonable accommodation and whether he was fired because of his disability.

In a dissenting opinion in EEOC v. J.B. Hunt Transport, Inc., Judge Sotomayor would have vacated the lower court's grant of summary judgment to the employer. In this 2003 decision, the Equal Employment Opportunity Commission (EEOC) had alleged that the defendant discriminated against truck drivers who took certain prescription medications and therefore violated the ADA.

Cases Siding With Employers

The most recent employment law case before Judge Sotomayor was Ricci v. DeStefano, a "reverse" race discrimination case, in 2008. There was no written opinion in this case, only a couple of paragraphs in which the panel basically agreed with the lower court's reasoning. In Ricci, the Second Circuit panel upheld the city of New Haven's decision to set aside the results of a promotional exam for firefighters. The exam results basically meant that no black or Hispanic firefighters would be eligible for promotions, which would be a disproportionate racial impact. However, refusing to validate the results meant that the white firefighters who scored highest would not be promoted, and they sued. By setting aside the results, the panel ruled that the city was trying to fulfill its obligations under Title VII. The United States Supreme Court heard the firefighters' appeal this past spring.

In a 2004 opinion written by Judge Sotomayor in Williams v. R.H. Donnelley Corp., the Second Circuit affirmed the lower court's grant of summary judgment for the employer. Williams involved a Title VII action brought by an African-American former employee who alleged that she was denied promotions and a lateral transfer because of her race and sex. The Second Circuit held that the employer's failure to transfer Williams to an account executive position at a different location was not adverse employment action. In addition, the court held that there was no discriminatory motive for the employer's refusal to create a position for Williams.

In the 1999 decision in Norville v. Staten Island University Hospital, Judge Sotomayor and the Second Circuit held that a nurse failed to present a prima facie race discrimination case. The nurse, a disabled black woman, claimed that the hospital did not give her the same accommodations that it gave to white employees. The Second Circuit found that the nurse did not establish that she was similarly situated to the white employees.

Conclusion

In addition to the cases discussed above, there are numerous other employment law cases in which Judge Sotomayor either participated or wrote the opinion. Judge Sotomayor has sided with both employees and employers in a variety of other employment circumstances. If confirmed, she will likely bring an evenhanded and objective view to employment law cases that reach the Supreme Court.

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JUDGE SOTOMAYOR'S EMPLOYMENT LAW DECISIONS

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