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Recent Posts
- Five Provisions All Executives Should Have In Their Employment Agreements
- Fifth Circuit Reminds Plaintiffs That Not Every Unpleasant Experience At Work Is Something They Can Sue Over Under Title VII’s Anti-Discrimination Provision
- Fifth Circuit Holds That A Supervisor’s Gender Related Comments Are Not “Direct Evidence” Of Gender Discrimination In Pay
- Fifth Circuit Finds Employee’s FMLA Retaliation Claim Doomed By Proof That Employer Fired The Employee Based On A Good Faith Belief She Had Been Dishonest About Being Unable To Work Due To Illness
- New Fifth Circuit Disability Harassment Case Again Emphasizes The Importance Of Complying With An Employer’s Complaint Policies And Procedures
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Category Archives: Discrimination
Fifth Circuit Reminds Plaintiffs That Not Every Unpleasant Experience At Work Is Something They Can Sue Over Under Title VII’s Anti-Discrimination Provision
In Stroy v. Gibson, 896 F.3d 693 (5th Cir. 2018), opinion here, the plaintiff, Stroy, was an African-American doctor for the VA. Dr. Stroy believed that the VA implemented a peer review of his patient care decisions because of his … Continue reading
Fifth Circuit Holds That A Supervisor’s Gender Related Comments Are Not “Direct Evidence” Of Gender Discrimination In Pay
In Herster v. Board of Supervisors of Louisiana State Univ., 887 F.3d 177 (5th Cir. 2018), opinion here, the plaintiff, Herster was a female part-time instructor at LSU. LSU had hired her husband at its law school, and then found … Continue reading
Court Holds That Once An Employer Acts With An Illegal, Retaliatory Motive Against An Employee, The Employee’s Mildly Inappropriate Response Is Not Sufficient To Remove The Taint Of Illegal Retaliation
In Fisher v. Lufkin Industries, __ F.3d __, No. 15-40428, 2017 WL 562444 (5th Cir., Feb. 10, 2017), the African-American plaintiff, Fisher, complained to Lufkin’s VP of HR that his supervisor referred to him as “boy,” which he regarded as … Continue reading
Fifth Circuit Holds That Employees Interviewed As Part Of A Sexual Harassment Investigation Have Greater Protection From Retaliation
Mark Oberti writes: Recently, the U.S. Court of Appeals for the Fifth Circuit, which covers Texas, Mississippi, and Louisiana, affirmed that an employee interviewed as part of a company’s internal investigation into sex harassment complaints is protected from retaliation under … Continue reading
EEOC Takes Aggressive Positions On Homosexual Rights In The Workplace Under Title VII
The Equal Employment Opportunity Commission (“EEOC”) sometimes announces its position on legal issues under Title VII. While the EEOC’s pronouncements are not binding on courts, they often have consequences on employers anyway because the EEOC is the government agency that … Continue reading
New Fifth Circuit ADA Decision Illustrates The Pro-employee Impact Of The Amendments Congress Passed To The ADA
In 2011, Jacobs Field Services North America, Inc. offered Michael Cannon, a mechanical engineer with 20 years’ experience, a field engineer position at a Colorado mining site. But very shortly thereafter, Jacobs rescinded the offer after learning Cannon had a … Continue reading
Victims Of Disability Discrimination Have Short Time Limits To Act
We are blogging on Mark Oberti’s paper on the “5 Things Employers And Employees Need To Know About Cancer In The Workplace” Under the ADA, an employee has only 300 days to file an EEOC Charge of Discrimination from the … Continue reading
Post-Rimkus Duty of Preservation and Spoliation of Evidence Decisions (Part VIII)
We are blogging on “Non-competes, Trade Secrets, Fiduciary Duties, and the Inevitable Disclosure Doctrine.” Mark Oberti has prepared a detailed paper on all of these issues, which can be found here. The following post discusses how other courts view Rimkus … Continue reading
Retaliation And The Exhaustion Requirement: A Conflict Is Brewing
Our last video of this week discusses the steps a plaintiff must go through to exhaust a retaliation claim before bringing a lawsuit. We cover this issue in detail in our paper. In Gupta v. East Texas State Univ., 654 … Continue reading
Denying Discrimination Can Be Proof Of Retaliation If An Employer Uses The Wrong Words
Today’s video podcast discusses a situation in which an employer appears to leap to a conclusion about an employee’s motivation behind a complaint of discrimination. Mark’s paper discusses this issue in more depth. In short, it is not unusual for … Continue reading
