Before the 1960s almost everything about living openly as a lesbian, gay, bisexual, or transgender (LGBT) person was illegal. New York City laws against homosexual activities were particularly harsh. The Stonewall Uprising on June 28, 1969 is a milestone in the quest for LGBT civil rights and provided momentum for a movement.
Vine Creek Ranch at Death Valley National Park. Steady drought and record summer heat make Death Valley a land of extremes. Towering peaks are frosted with winter snow. Rare rainstorms bring vast fields of wildflowers. Lush oases harbor tiny fish and refuge for wildlife and humans. Despite its morbid name, a great diversity of life survives in Death Valley.
Located 2,600 miles southwest of Hawaii, the National Park of American Samoa is the most remote unit of the National Park System and the U.S. National Park south of the Equator. The Park spreads across three islands, 9,500 acres of tropical rainforest, and 4,000 acres of ocean, including coral reefs. While remote, the islands of American Samoa, true to the meaning of the word Samoa (Islands of Sacred Earth), are welcoming and offer beautiful landscapes and centuries of culture and history.
Seasoned backpacker and adventurer Yang Lu earned the grand prize in the 2015 Share the Experience photo contest with this image of a sunburst captured at sunrise in Glen Canyon National Recreation Area, Utah. Yang has made the outdoors part of his daily life and finds deep connection to the land through his lens.
“My photography is not just for recreation, it is to inspire people to explore these areas." -- Yang Lu
Photo by Yang Lu (www.sharetheexperience.org).
The following are some of the significant cases in this area. They are offered as a start to understanding the issues, and are not intended as a substitute for obtaining legal advice from DOI's Solicitor's Office or private counsel. These summaries are intended neither as a legal analysis regarding specific matters, nor as a complete review of the topic.
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), is the first case to set out the current test for proving intentional discrimination through indirect evidence. The plaintiff must establish an inference of discrimination by showing that she is a member of a protected group; he applied and was qualified for a job that was open; he was rejected; and the job remained vacant while the employer continued to seek other similarly qualified persons or the employer filled the job with a majority candidate. If the job did not remain open, the plaintiff must show other evidence of discrimination. If this prima facie case is proven by the plaintiff, the employer may then offer evidence of a legitimate, nondiscriminatroy reason for its action. The plaintiff may then counter with evidence that the purported legitimate reason is actually a pretext for discrimination.
Landgraf v. USI Film Products, 511 U.S. 244 S.Ct. 1483 (1994). Decided that compensatory and punitive damages under section 102 of the Civil Rights Act may not be awarded for conduct which occurred before November 21, 1991, even if that conduct was previously unlawful under Title VII.
Robinson v. Shell Oil Co.,519 U.S. 337, 117 S.Ct. 843 (1997). Held that an adverse employment reference was sufficiently important to be actionable under Section 704(a)'s prohibition on retaliation.
Price Waterhouse v. Hopkins, 490 U.S. 228 (1989); and Furnco Construction Corp. v. Waters, 438 U.S. 567 (1978); Texas Dept of Community Affairs v. Burdine, 450 U.S. 248 (1981); U..S. Postal Service Board of Governors v. Aikens, 460 U.S. 711 (1983); St. Mary's Honor Center v. Hicks, 509 U.S. 502 (1993). In these cases, the Supreme Court set forth a nonexclusive model for resolving claims of intentional discrimination where there is not direct evidence of discriminatory intent even when no longer a current employee
Griggs v. Duke Power Co., 401 U.S. 424, 91 S.Ct. 849 (1971). The Court held that employment practices which cause a disproportionately adverse impact on the members of a group protected by Title VII are unlawful unless they are job related. There is protection against over discrimination as well as practices that are fair in form but discriminatory in operation.
Wards Cove Packing Co. v. Atonio, 490 U.s. 642, 1109 S.Ct. 2115 (1989). The Court tightened the standards for proofs of disparate impact. The plaintiff has the burden of identifying the particular practice that caused the disparate impact and proving the causal relationship.