Legal Notes

High Court To Address Local Interests

The U.S. Supreme Court has several cases of interest to local governments on its docket for the 1997­1998 term. The Court will review, hear oral arguments and issue decisions in the following cases:

Denial of fire protection
The representative of an estate claims that the individual died because a municipal policy selectively denied fire protection to minorities. The Court will decide whether an Alabama law that might allow the estate to recover punitive damages will be used to resolve the case, which has been brought under a federal civil rights statute.

(Jefferson vs. Tarrant, Ala.)

Fatal police chases
A police officer engaged in a high-speed chase resulting in fatal injuries to two teenage boys riding on a motorcycle, who had not broken any laws. The Court will determine whether the officer's conduct was so egregious that he can be sued by the injured parties.

(Sacramento County vs. Lewis)

Same-sex sexual harassment
The Court of Appeals for the Fifth Circuit held that Title VII of the 1964 Civil Rights Act does not apply to same-sex sexual harassment. The Court will decide whether the Fifth Circuit correctly interpreted the civil rights statute.

(Oncale vs. Sundowner Offshore Services)

Race and layoff decisions
A public school system laid off a white teacher, but retained a black teacher who had equal seniority and qualifications. The school district took this action to achieve diversity in the workplace rather than to remedy past discrimination. The Court will determine whether Title VII of the 1964 Civil Rights Act allows employers to take race into account for reasons other than remedying past discrimination.

(Piscataway Township Board of Education vs. Taxman)

Denial of demolition permits
A landowner wants to challenge a city's denial of demolition permits for buildings covered by a landmarks ordinance. The Supreme Court will decide whether this case, in which matters controlled by state and federal law have been raised, can be resolved in a federal district court.

(Chicago vs. International College of Surgeons)

Legislative immunity for abolition of job
A mayor and a council member approved a budget ordinance that eliminated a city employee's job, allegedly to punish the employee for firing a subordinate for racially offensive comments. The Court will determine whether the officials will be protected from suit by the legislative nature of the action, or whether they may be sued because of improper motives for termination.

(Bogan vs. Scott-Harris)

Notes From All Over
Negative reference violates civil rights
The U.S. Court of Appeals for the Ninth Circuit has held that employers may be sued for a retaliatory negative job reference under Title VII of the 1964 Civil Rights Act.

In this case, a former employee charged her former employer with sending a negative job reference to a prospective employer. She alleged that the negative reference was sent in retaliation for a discrimination complaint she had filed prior to her termination. The Court stated that the negative reference itself is an "actionable employment decision" under Title VII.

(Hashimoto vs. Dalton)

Zoning decisions subject to disability act
The Second Circuit has held that local zoning decisions are subject to the disability discrimination prohibitions of Title II of the Americans With Disabilities Act.

A city had granted a building permit to an outpatient substance abuse treatment center that sought to move to a larger space in its downtown district. The city revoked the permit, however, after a tenants' association and nearby merchants raised issues of safety and property values. The lower court stopped the city from revoking the permit, finding discrimination based on the disability of the center's potential clients. The court of appeals agreed, citing the legislative history of Title II and guidelines from the U.S. Department of Justice.

(Innovative Health Systems Inc. vs. White Plains, N.Y.)

(Legal Notes was written by Donna Clemons-Sacks, attorney)