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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: Retaliation
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
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 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
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
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
Severance Agreements And Retaliation (Part II)
In our post yesterday we discussed the pro-employee case of EEOC v. Lockheed Martin, 444 F. Supp. 2d 414 (D. Md. 2006). The Sixth Circuit Court of Appeals issued a more employer-favorable decision on the issue in EEOC v. Sundance … Continue reading
Severance Agreements And Retaliation (Part I)
Employers must be careful with how their severance and release agreements are drafted, both to ensure they are effective, and that they do not stimulate retaliation claims. An extreme example is EEOC v. Lockheed Martin, 444 F. Supp. 2d 414 … Continue reading
If An Employee Engages In More Protected Activity After An Employer Takes Some Action Against Him or Her, Is The Employer’s Action Materially Adverse?
Our paper addresses this interesting question. An employer’s actions are “materially adverse” – and thus actionable as retaliation – if they are “harmful to the point that they could well dissuade a reasonable worker from making or supporting a charge … Continue reading
