3. Application Lab: Discrimination, Harassment, Accommodation and Retaliation

Employee Relations Exam 1

Price Waterhouse v. Hopkins (1989)

Statute and issue

Title VII: sex discrimination through gender stereotyping

What was decided

Stereotyping comments can be evidence of illegal sex discrimination, even alongside real performance concerns. The firm couldn't prove it would have made the same call anyway.

University of Texas Southwestern Medical Center v. Nassar (2013)

Statute and issue

Title VII: retaliation

What was decided

The Supreme Court (5-4) held that retaliation claims require the tougher but-for standard.

EEOC v. Wal-Mart Stores East (Marlo Spaeth)

Statute and issue

ADA: failure to accommodate

What was decided

A jury found Walmart liable, and the 7th Circuit affirmed in 2024. Federal damages caps cut the $125 million punitive award to the $300,000 cap; back pay and reinstatement were also ordered.

Meadows v. NCR Corp. (7th Cir., 2023)

Statute and issue

FLSA: off-the-clock work

What was decided

The 7th Circuit reversed the jury: an employer may condition its voluntary practice of paying for extra time on the employee actually recording it.