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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: 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
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 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
New Fifth Circuit ADA Decision Illustrates The Pro-employee Impact Of The Amendments Congress Passed To The ADA
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 But very shortly thereafter, Jacobs rescinded the offer after learning Cannon had a … Continue reading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
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
Victims Of Disability Discrimination Have Short Time Limits To Act
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
The FMLA Provides Some Job Protection For Cancer Victims, But Is Very Technical
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
Cases Involving Employees With Cancer Who Are Fired Are Inherently High Risk, And Can Lead To Large Verdicts
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
Cancer In The Workplace
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.
HR Employees And Protected Conduct (Part 2)
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
HR Employees And Protected Conduct (Part I)
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
