U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

March 2017 Archives

The Civil Rights Act of 1964 prohibits employment discrimination on the basis of sex. That includes discrimination against employees who fail to conform to gender stereotypes. But the Civil Rights Act offers no explicit protections against discrimination on the basis of sexual orientation and many courts have refused to allow suits alleging discrimination because of anti-gay bias, even if that bias was born out of gender stereotypical views.

But the Second Circuit opened the door to just such a challenge on Monday, ruling that a gay employee who suffered homophobic harassment could pursue a Title VII lawsuit against his employer.

Court Overturns Judgment Against Rite Aid Over Pharmacist's Fear of Needles

A federal appeals court reversed a $1.8 million judgment against Rite Aid, concluding the company lawfully fired a pharmacist who was too afraid of needles to give immunization injections to customers.

The U.S. Second Circuit Court of Appeals said Christopher Stevens was fired because he couldn't do the job. A jury had concluded the company discriminated against the pharmacist because of his phobia, but the appeals court set aside the verdict in Stevens v. Rite Aid Corporation.

"It is understandable that the jury had sympathy for Stevens, afflicted as he was with an unusual phobia," Judge Jon O. Newman wrote for the unanimous court. "Nevertheless, his inability to perform an essential function of his job as a pharmacist is the only reasonable conclusion that could be drawn from the evidence."

Tortured Immigrant's Asylum Claim Revived

A federal appeals court has given a Salvadoran refugee another chance at asylum in the United States, but it will depend on a technical question about when he last arrived in the country.

In his petition for asylum, Jose Linares-Urrutia said that he first escaped El Salvador during a civil war that lasted a decade. He testified that he fled because he was tortured as a member of a revolutionary student group. The Salvadoran military shot him in the leg, beat him repeatedly, applied electricity to his genitals, and threatened to kill him, he said.

Linares-Urrutia had entered the U.S. on and off over a 30-year period, twice being deported and having been convicted of several crimes. He last crossed the border from the U.S. to Canada on April 25, 2012, apparently to seek asylum in that country but Canadian authorities returned him to the U.S.

Court Upholds Anti-Puppy Mill Laws

New York City has more cats and dogs than most American cities have people, and that's the problem.

The city has to deal with about one million dogs and cats -- not to mention half a million feral cats -- but it recently got some help from the U.S. Second Circuit Court of Appeals. The appeals court upheld the city's ordinance regulating "puppy mills," the pejorative term for some commercial dog distributors.

The law requires that pet shops may purchase dogs and cats only from "Class A" breeders, which are designated by federal law as breeders with valid licenses to breed on their own premises. "Class B" breeders, who generally buy and sell animals, are not permitted under the city law.

"Requiring pet shops to purchase directly from Class A breeders protects consumers by making it impossible to obscure the source of an animal by using a middleman, enhances animal welfare by reducing the incidence of disease and behavioral problems associated with irresponsible breeding, and alleviates the burden of providing care in public shelters for animals abandoned because of such problems," Judge Edward Korman wrote for the court in New York Pet Assocation v. City of New York.