Category Archives: Houston Retaliation 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

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

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

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

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

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

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

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

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