The Equal Employment Opportunity Commission has field suit agains Zachry Industrial for discriminating against persons with disabilities. According to the San Antonio Express News, Zachry Industrial operates a refinery in Pascagoula, Mississippi and it has fired workers after they notified their employer of a disability. Zachry Industrial is headquartered here in San Antonio. See
Texas Supreme Court Upholds Jury Verdict
In a recent decision, the Texas Supreme Court found in favor of an employee. And, as far as I know it did not snow last July. In Green v. Dallas County Schools, No. 16-0214 (Tex. 5/12/2017), Paul Green a bus monitor, urinated on himself while on the bus. He was fired and sued. The
Persons with Autism Targeted for Hiring
Autism is becoming more and more common. Folks disagree about why, but all agree we see more and more of the diagnosis. The remarkable thing about persons with autism is they can display brilliance in a wide variety of subjects. Yet, many employers resist hiring persons with autism. The employer who do hire them really
American Airlines Settles Lawsuit Re Service Animal
We see more and more service animals. Setvice animals have become a critical tool in dealing with the PTSD suffered by many soldiers. Many public places do not understand the rules regarding service animals. In one recent instance, American Airlines refused to allow a veteran on board with her service dog. Lisa McCombs of Mississippi
Defense Firm Accused of Discrimination
There are a few law firms that specialize in representing employers in employment cases. A very few of those firms operate nationally. One such law firm is Ogletree, Deakins, Nash, Smoak and Stewart, PC. Ogletree Deakins represents employers everyday regarding employment matters. They have offices across the country. Yet, that firm is the defendant in
Fifth Circuit Reverses JNOV
Many federal judges avoid employment cases partly because they involve so much detail. But, it is in those details that a circumstantial case is won or lost. And, most employment cases depend on circumstantial evidence. in Robinson v. Jackson State, No. 16-60760 (5th Cir. 12/4/2017) (unpublished), the Fifth Circuit dived into those details and
DOL Shields Employers Who Discriminate Against Reservists
According to a May 28, 2017 article in the Austin American-Statesman, members of Congress, including Lloyd Doggett, asked the Department of Labor to change rules that shield frequent violators of USERRA. USERRA is the law that protects Guardsmen, Reservists and other service members from discrimination in their civilian jobs. Some employers just do not
Fourteenth Court Disregards Direct Evidence
One would expect that a case involving direct evidence of age bias would not be granted summary judgment. Yet, that is what happened in Lopez v. Exxon Mobil Development Co., No. 14-16-00826, 2017 WL 4018359 (Tex.App. Houston 9/12/2017). Plaintiff David Lopez worked for Exxon for over ten years when he was terminated in 2014.
Farenthold Office Investigated Complaints of Sex Harassment
What is sex harassment? Whatever it is, it must be severe or pervasive. In Royal v. CC&R Tres Arboles, No. 12-11022 (5th Cir. 11/21/2013), the Fifth Circuit found the following acts amounted to sex harassment: standing over and behind a woman and smelling her hair several times a day; one man sat in front
Sexual Harassment Cases are Often Dismissed
Yes, sexual harassment cases are often rejected by the courts, i.e., by the judges. Over the past several years, the courts have developed a test for just how bad the harassment is (or is not). The legal term is “severe or pervasive.” The harassment must be severe or pervasive. See my prior posts here and