The Invisible Man and His Visible Victim

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on a movie some have described as one of the best of 2020, The Invisible Man, and describes how the story in the movie offers possibilities for envisioning accountability for domestic violence and other crimes that often receive dismissive treatment under the heading of “he said/she said.” Professor Colb briefly describes the plot of the movie (including spoilers), and explains why the movie is so revelatory.

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E. A. C. A. v. Rosen

Docket: 20-3216

Opinion Date: January 12, 2021

Judge: Karen Nelson Moore

Areas of Law: Immigration Law

E.A., a citizen of El Salvador unlawfully entered the U.S. in 2016, at age 12, as an unaccompanied minor and was released to her mother, who resided in New York. Shortly thereafter, the family relocated to Arkansas, where E.A. filed a successful Motion to Change Venue to Memphis and a Change of Address Form. Latino Memphis (LM) represented E.A. pro bono. In January 2018. LM appeared on behalf of E.A. in a telephonic hearing. E.A.'s master-calendar hearing was scheduled for June 2018 in Memphis. In April 2018, LM moved to withdraw, stating that E.A. had moved out of its covered geographic area to New York. E.A. failed to appear and was ordered removed in absentia. In November, E.A., moved to reopen, represented by Catholic Charities. E.A. asserted that she was unable to obtain legal counsel to assist her in changing her hearing location after returning to New York. E.A.’s mother had given birth 10 days before E.A.’s hearing. E.A. asserted that she was eligible for Special Immigrant Juvenile Status (SIJS). The IJ denied E.A.’s request to reopen and did not address SIJS. The BIA affirmed. The Sixth Circuit vacated the removal order and remanded. Based on the totality of the circumstances, including E.A. mother’s recent childbirth, E.A.’s age, E.A.’s mother’s failed attempts to obtain counsel to help change the hearing address, and E.A.’s inability to travel alone for the hearing, E.A. established exceptional circumstances.

Pelcha v. MW Bancorp, Inc.

Docket: 20-3511

Opinion Date: January 12, 2021

Judge: McKEAGUE

Areas of Law: Labor & Employment Law

Pelcha began working as a bank teller in 2005. A new supervisor, Sonderman, began overseeing Pelcha in 2016 and required her direct reports to submit written requests for any time out of the office by the middle of the month before the month of the requested time off. In July 2016, Pelcha planned to take time off from work but did not use the written request form. She told Sonderman that she was “not filling [the request out] because [she didn’t] have to.” Pelcha nonetheless completed the form, placing it in Sonderman’s office on the day before her time off. The next day, Sonderman spoke with CEO Niesen, at a regularly scheduled management meeting, about Pelcha’s failure to submit the form, Pelcha's negative attitude, and failure to timely complete tasks. Niesen stated that he had no tolerance for insubordination and told everyone he intended to fire Pelcha. He asked Sonderman to memorialize the chain of events in a memo. Days later, Niesen terminated Pelcha’s employment and informed her that it was because of her insubordination. Pelcha, then 47 years old, sued under the Age Discrimination in Employment Act, 29 U.S.C. 623(a)(1). The Sixth Circuit affirmed the dismissal of her claims. Nielsen’s comments about another employee were irrelevant to Pelcha’s termination. Pelcha’s insubordination was a legitimate reason for the termination and was not pretextual. Pelcha failed to establish disparate treatment.