Category Archives: Houston Retaliation Law

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

Five Questions That Individual Employees Should Ask Before Hiring A Houston Employment Lawyer

Hopefully you will never need an employment lawyer in Houston. Luckily, there are many great Houston employment lawyers, and they work at firms all over the city. Some of them rank highly on Google search results, and others do not. … Continue reading

Posted in Houston Employment Law, Houston Executive Lawyer, Houston Retaliation Law

New Fifth Circuit Case On Same Sex Gender Stereotyping Harassment

Mark Oberti writes: On September 27, 2013, a deeply divided Fifth Circuit held that Title VII recognizes a same sex harassment claim based upon gender stereotyping, and found that the EEOC had presented sufficient evidence to support the jury’s verdict … Continue reading

Posted in Harassment, Houston Employment Law, Houston Retaliation Law

Fifth Circuit Says Dodd-Frank’s Anti-Retaliation Provision Only Covers Employees Who Provide Information To the SEC — Rejecting Many Other Cases To the Contrary

The Fifth Circuit issued a decision on July 17, 2013, that limits Dodd-Frank’s anti-retalition provision’s coverage to employees who provide information to the SEC. In doing so, it rejected numerous other court decisions that held to the contrary. By way … Continue reading

Posted in Dodd Frank, Houston Retaliation Law, Retaliation, SOX, Whistleblower