The U.S. Supreme Court has held that title VII of the Civil Rights Act of 1964 does include discrimination against gay persons. I have discussed this issue a few times, that the decision in Oncale v. SundownerOffshore Services, Inc., 523 US 75, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998), was a very parsed

I previously wrote about the federal court’s interpretation of the Texas Election Code here. In that decision, the Western District of Texas found that fear of contracting the coronavirus does indeed constitute a disability. Now, the Texas Supreme Court has weighed in. TheTexas Supreme Court reached the opposite conclusion, that fear of the virus

I wrote a post the other day stating that mere fear of contracting the COVID19 virus is not a disability for purposes of the Americans with Disabilities Act. See that post here. But, in a similar lawsuit concerning mail-in balloting, the Western District of Texas has found that anxiety over the coronavirus does indeed

So, a friend called me. She is a lawyer in small town Louisiana. She has been working a few years for a Public Defender’s office in a parish seat. She has been working from home, but now they want her back by next Monday. My friend has been diagnosed with Diabetes Type II. She also

On Nov. 25, 2019, Judge Jason Pulliam granted the employer’s motion for summary judgment in Richardson v. The Medical Team, Inc., No. 18-CV-00151 (W.D. Tex.). It is a remarkable case. On Jan. 20, Renee Richardson emailed HR that she believed she was the victim of discrimination based on her race. She accused Alan Garza

Gilbert Garcia, a wonderful writer at the San Antonio Express News has penned a column about the coronavirus and working from home. He writes about the experience and what we learn from working from home. His column suggests we learn that many workers fear being away from work and being out of the loop. But,

What happens when an employee is subjected to harsh treatment, but that harsh treatment does not include termination, demotion or loss of pay? In Welsh v. Fort Bend ISD, 941 F.3d 818 (5th Cir. 2019), the court addressed what is an adverse personnel action. Ms. Welsh was a teacher at Fort Bend ISD. Ms.

The courts have struggled with the wording in Title VII for a couple of decades. Title VII clearly prohibits discrimination based on sex. Does that mean Title VII prohibits discrimination based on sex orientation? If an employer terminate someone because he is gay, how is that not discrimination based on sex?

The challenge is that

How does a person show racial discrimination? Two ways come to mind: 1) a person must show he was fired and replaced by a person of a different race, or 2) show he was disciplined differently than persons of a different race. There is more to it than those two methods, but one of those