Block on Trump's Asylum Ban Upheld by Supreme Court
In an action brought by a female firefighter against a fire department and several employees alleging sex and disability discrimination, privacy violations, and state law claims, dismissal and summary judgment rulings for defendants are affirmed where: 1) requiring plaintiff to undergo performance and psychological evaluations did not violate Title VII as plaintiff did not prove sex discrimination by direct or circumstantial evidence, and thus failed to link her treatment with the fact that she is female; 2) for purposes of a hostile work environment claim, plaintiff failed to prove, objectively and subjectively, that she suffered harassment so severe and pervasive; 3) requiring plaintiff to under psychological evaluations was not in violation of the ADA as such examination or inquiry was shown to be job-related and consistent with business necessity; and 4) plaintiff's substantive due process was not violated by disclosure of her medical records where the department had a compelling interest in ensuring both the physical and mental well-being of the its force; 5) plaintiff's procedural due process was not violated by defendant's failure to give notice and hearing prior to her suspension, as plaintiff failed to identify any statutory provision granting her a property interest in her employment as a firefighter.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division.
Argued October 24, 2009
Decided August 20, 2009