I talked about this case last September. See prior blog post here. Humphrey’s Executor v. United States, 295 U.S. 602 (1935) was decided 90 years ago. It stands for the proposition that the board members of some Federal agencies can be removed only for cause. The Humphrey’s decision specifically found that some governmental functions
A former Bexar County deputy settled his religious discrimination claim against Bexar County for $300,000. Luis R. Borges applied to be a deputy at the Bexar County jail. When a deputy came to his house as part of a routine check, the deputy found at Mr. Borges’ home a Santa Muerte altar. Mr. Borges had
A jury in Federal court has found the Texas Department of Public Safety guilty of discrimination against two black DPS troopers. In what sounds like a wide ranging lawsuit, the two officers alleged years of discrimination and being passed over for promotion. The jury awarded the two troopers $1.7 million in damages.
Like most discrimination
In early 2024, the Equal Employment Opportunity Commission adopted Enforcement Guidance interpreting the proscription of Title VII against harassment based on several categories. The entire Guidance was the product of ten years of research and asking for public comments. It applied to harassment based on race, gender, disability, etc. It also applied to harassment based
A couple of weeks ago, the EEOC Chair, Andrea Lucas posted a video asking white males if they have suffered discrimination. If so, please report it to the EEOC. See NBC news report here. This is very unusual behavior for the EEOC. For decades, the EEOC has branded itself as neutral, not favoring employee
A recurring issue in retaliation lawsuits concerns the temporal connection between opposing discriminatory practices and the resulting discrimination. Fifth Circuit precedence suggests that a temporal connection alone that extends over four months is too long to infer a connection. That tension is vividly demonstrated in Stamps v. University of Texas System, No. 24-CV-00249 (W.D.
A frequent question in disability cases concerns how long can an employer take when considering a request for accommodation. Some requests are so urgent that any delay will cause irreparable injury. In Strife v. Aldine Independent School District, No. 24-20269 (5th Cir. May 16, 2025), we get some answers. In Strife, a teacher, Alisha
I wrote about the hearing regarding the lawsuit filed by the law firm, Perkins Coie here. The Judge was clearly flabbergasted by the Executive Order targeting two big law firms. She asked at that hearing if this EO was not like something from the Joe McCarthy era? Well, Judge Howell has now issued her
Pres. Trump issued an executive Order which forbids “illegal DEI.” Executive orders only have binding, legal effect for the Executive branch of the U.S. government. But, EO’s often have general influence throughout American society. What is or what might be “illegal DEI”? That phrase likely stems from the U.S. Supreme Court’s decision in Students for
For no apparent reason, other than naked politics, Pres. Trump has fired two of the three Democrat appointed members of the EEOC Commission. The Commission decides EEOC policies and guidance. It is fairly normal for the EEOC to lack enough members for a quorum when a new administration first starts. But, in removing two pf