Category Archives: EEOC

“Bring Your Child To Work Day” Debacle Results In Employees Suing – And Winning – For Retaliation

In E.E.O.C. v. EmCare, Inc., 857 F.3d 678 (5th Cir. 2017), the Fifth Circuit affirmed a jury verdict finding that an employer had illgally retaliated against its employee for complaining about sexual harassment. McKinney, a CEO of an EmCare division, … Continue reading

Posted in At Will Employment, EEOC, Harassment, Houston Employment Law, Houston Retaliation Law

Fifth Circuit Decision Shows That Just Because The EEOC Found In The Plaintiff’s Favor Does Not Mean That The Plaintiff Has A Winning Case In Court

In Alkhawaldeh v. Dow Chem. Co., 851 F.3d 422 (5th Cir. 2017), the Fifth Circuit affirmed a summary judgment ruling against the plaintiff in a retaliation case, despite the fact that the EEOC had previously found that the employer had … Continue reading

Posted in At Will Employment, EEOC, Houston Retaliation Law, Whistleblower

Fifth Circuit Holds That Employee’s Failure to Provide Doctor’s Note Confirming Reason for Absence Dooms His Claims Under The Americans with Disabilities Act

Mark Oberti writes: Sometimes, employees ask for time off from work because of medical issues. In those situations, the Americans with Disabilities Act (“ADA”) may protect them from being terminated because of the time they take off from work. However, … Continue reading

Posted in ADA, At Will Employment, Disability, EEOC, Houston Employment Law, Human Resources

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

Posted in Discrimination, EEOC, Houston Employment Law, Houston Retaliation Law, Retaliation, Whistleblower

Employee Loses Retaliation Claim Based On Coworker’s Use Of The Phrase “Heil Hitler”

Some employees think that any workplace complaints over inappropriate conduct or statements are protected from retaliation — meaning that the employer cannot retaliate against them for making such complaints. But, the law is actually far different, as illustrated by a … Continue reading

Posted in EEOC, Houston Retaliation Law, Retaliation

Fifth Circuit Holds That A Manager’s Threat To Reduce An Employee’s Pay In Retaliation For the Employee’s Hiring Of A Transgendered Employee Was Not An Adverse Employment Action That The Threatened Employee Could Sue Over

In a case decided in December 2015, Brandon v. Sage Corp., 808 F.3d 266, 270 (5th Cir. 2015), the U.S. Court of Appeals for the Fifth Circuit addressed a retaliation claim brought by the plaintiff Brandon, the former Director of … Continue reading

Posted in EEOC, Houston Retaliation Law, Retaliation, Uncategorized

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

Posted in Disability, Discrimination, EEOC, Houston Employment Law, Human Resources

The ADA Also Prohibits Discrimination Based On An Employee’s Relationship Or Association With An Individual With Cancer

We are blogging on Mark Oberti’s paper on the “5 Things Employers And Employees Need To Know About Cancer In The Workplace” In a little known part of the ADA, the law provides that it is unlawful for an employer … Continue reading

Posted in Disability, EEOC, FMLA, Houston Employment Law, Human Resources | Tagged , , , , , ,

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

Posted in Disability, Discrimination, EEOC, FMLA, Houston Employment Law, Human Resources | Tagged , , , , , ,

The FMLA Provides Some Job Protection For Cancer Victims, But Is Very Technical

We are blogging on Mark Oberti’s paper on the “5 Things Employers And Employees Need To Know About Cancer In The Workplace” The FMLA provides up to 12 weeks of job-protected leave per year for employees suffering from a serious … Continue reading

Posted in Disability, EEOC, FMLA, Houston Employment Law, Human Resources | Tagged , , , , ,