Category Archives: Human Resources

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 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

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 But very shortly thereafter, Jacobs rescinded the offer after learning Cannon had a … Continue reading →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

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

Posted on February 24, 2014 by

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

Posted on February 21, 2014 by

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

Posted on February 20, 2014 by

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 , , , , ,

Cases Involving Employees With Cancer Who Are Fired Are Inherently High Risk, And Can Lead To Large Verdicts

Posted on February 18, 2014 by

We are blogging on Mark Oberti’s paper on the “5 Things Employers And Employees Need To Know About Cancer In The Workplace” The first thing to know is that cases involving employees with cancer who are fired are inherently high … Continue reading →

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

Cancer In The Workplace

Posted on February 17, 2014 by

Mark Oberti has written a paper on the “5 Things Employers and Employees Need to Know About Cancer in the Workplace.” We will prepare a series of blog posts about this important issue in employment law.

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

HR Employees And Protected Conduct (Part 2)

Posted on April 29, 2013 by

One additional note from our earlier post today. There is the question of whether the case law regarding HR employees and oppositional conduct applies to SOX claims. In Riddle v. First Tennessee Bank, No. 3:10–cv–0578, 2011 WL 4348298, at *8 … Continue reading →

Posted in Houston Employment Law, Houston Retaliation Law, Human Resources, Retaliation, SOX | Tagged ,

HR Employees And Protected Conduct (Part I)

Posted on April 29, 2013 by

We continue our video podcast series on retaliation with a video on HR employees. Mark’s paper addresses this topic in depth. Employers sometimes fear that human resources personnel or other managers involved in employee relations may themselves bring claims of … Continue reading →

Posted in Houston Employment Law, Houston Retaliation Law, Human Resources, Retaliation | Tagged , ,