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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: Houston Employment Law
Five Provisions All Executives Should Have In Their Employment Agreements
It is often assumed that executives have more job security than most employees. But, executives know that is not necessarily so. Executives lose their jobs because of mergers, acquisitions, shifting political winds in the C-Suite, falling share prices, and a … Continue reading
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
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
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
New Fifth Circuit Disability Harassment Case Again Emphasizes The Importance Of Complying With An Employer’s Complaint Policies And Procedures
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
“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
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 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
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
Posted in Discrimination, Dodd Frank, Houston Employment Law
