Another federal judge has granted an injunction to stop the administration’s travel ban. Judge Brinkema in Virginia granted an injunction that applies to the state of Virginia. Like the judge in Washington state, she pointed to the campaign statements by then Candidate Trump that he would institute a ban on Muslim immigration and that the
Ninth Circuit Affirms Injunction Regarding Travel Ban
The Ninth Circuit affirmed the lower court’s issuance of an injunction which stopped the travel ban. The travel ban has received enormous attention since it was issued Jan. 27. In its opinion, State of Washington, v. Trump, No.17-35105 (9th Cir. 2/9/2017), the court first explained that yes, Presidential directives regarding immigration are reviewable by
Customer Objects to Mexican Ownership
Its a reminder that discrimination and prejudice is often just below the surface. A customer at a San Antonio restaurant left a racist note after he finished his meal at Di Frabo Ristorante Italiano. The restaurant lies in a wealthy area near the Dominion suburb. The customer left a note on his receipt: “The food
Judge Enjoins Travel Ban as Discriminatory
Discrimination is not easy to prove. It starts with an adverse personnel action that does not make sense. Then, you ask the employer for its explanation. Does the it make sense? We see the same analysis when the judge reviews the administration’s travel ban. There is at least one federal statute that prohibits discrimination in
Fifth Circuit Reverses Summary Judgment
In a per curiam decision, the Fifth Circuit reversed summary judgment for the employer. In Stennett v. Tupelo Public School District, No. 13-60783 (5th Cir. 7/30/2015), Ms. Stennett argued she was more qualified than the persons chosen for various district jobs. Ms. Stennett had formerly worked for the Tupelo Public School District for some
Ft. Worth Court of Appeals Finds Retaliation Cannot Include Counter-Claims
Sometimes, employers who are sued for discrimination in turn file their own lawsuit against an employee. I wrote about Wayne Wright and Schlumberger doing this here and here. In Wayne Wright’s case, the employer sued the former employee after she filed with the EEOC. The law firm sued for a declaration that it was
Army Veteran Fired When Wife Goes into Labor
Lamar Austin spent six months in Iraq in 2006 as an Ammunition Specialist. At the end of 2016, the Army veteran was working for Salerno Protective Services in Concord, New Hampshire. He had worked previously at a series of jobs, Target, Pitco, a New Hampshire based company that makes fryers for fast food businesses. He
Title VII Applies to Temporary Placement Agencies, Too
Many temporary placement agencies think they are immune from lawsuits for discrimination. That is not at all true. Both Title VII (42 U.S.C. Sec. 2000e-2(b) and Texas Labor Code Sec. 21.052 apply to temporary placement agencies. Both statutes specifically prohibit a temporary placement agency from referring a potential worker to a job based on discriminatory
Seventh Circuit Ready to Recognize Discrimination Based on Sexual Orientation
I written before about the complicated decisions regarding whether Title VII prohibits discrimination based on sexual orientation. Ever since the Supreme Court’s decision in Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998), courts have been grappling with same sex harassment. Does Title VII prohibit discrimination based on sex or not? See my post
Texas Supreme Court to Hear Sexual Assault Case
The Waffle House, Inc. v. Williams, 313 S.W.3d 796 (Tex. 2010), decision was issued a few years ago. In that decision, the Texas Supreme Court decided that a lawsuit based on a tort claim of sexual assault was actually subsumed by the Texas Commission on Human Rights Act. I wrote about that decision here