Category Archives: Houston Employment Law

Fifth Circuit Reminds Plaintiffs That Not Every Unpleasant Experience At Work Is Something They Can Sue Over Under Title VII’s Anti-Discrimination Provision

Posted on November 15, 2018 by

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 →

Posted in At Will Employment, Discrimination, EEOC, Houston Employment Law, Houston Executive Lawyer, Houston Retaliation Law, Human Resources

Fifth Circuit Holds That A Supervisor’s Gender Related Comments Are Not “Direct Evidence” Of Gender Discrimination In Pay

Posted on November 14, 2018 by

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 →

Posted in At Will Employment, Discrimination, Houston Employment Law, Houston Executive Lawyer, Houston Retaliation Law, Retaliation, Whistleblower

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

Posted on November 13, 2018 by

In DeVoss v. Southwest Airlines Co., 903 F.3d 487 (5th Cir. 2018), attached here, DeVoss, an airline flight attendant called in late to work and invoked a commuter policy to justify her tardiness. After she was told that the commuter … Continue reading →

Posted in At Will Employment, FMLA, Houston Employment Law, Houston Executive Lawyer, Houston Retaliation Law, Retaliation, Uncategorized

New Fifth Circuit Disability Harassment Case Again Emphasizes The Importance Of Complying With An Employer’s Complaint Policies And Procedures

Posted on November 20, 2017 by

In Patton v. Jacobs Eng’g Group, Inc., ____F.3d ____, No. 16-30879, 2017 WL 4784586 (5th Cir. Oct. 24, 2017) the Fifth Circuit again emphasized the importance of employer complaint policies and procedures, and demonstrated the impact they can have on … Continue reading →

Posted in ADA, At Will Employment, Houston Employment Law, Houston Retaliation Law

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

Posted on November 17, 2017 by

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

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

Posted on April 25, 2017 by

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 →

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

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

Posted on June 14, 2016 by

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

Posted on June 7, 2016 by

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

EEOC Takes Aggressive Positions On Homosexual Rights In The Workplace Under Title VII

Posted on March 28, 2016 by

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 →

Posted in Discrimination, Dodd Frank, Houston Employment Law

New Fifth Circuit ADA Decision Illustrates The Pro-employee Impact Of The Amendments Congress Passed To The ADA

Posted on March 9, 2016 by

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