The Fifth Circuit has again applied a “pretext plus” formula to affirm a grant of summary judgment. In Harville v. City of Houston, Mississippi, No. 18-60117 (5th Cir. 8/16/2019), the City fired a deputy clerk. The City Clerk, Margaret Futral, testified that Mary Harville was an essential deputy clerk who worked on taxes.

A no-Spanish rule is very problematic for any employer, but especially so in San Antonio. Yet, that is the rule allegedly imposed by the La Cantera resort. So, it is not surprising that La Cantera is settling the EEOC lawsuit against it for $2.6 million. La Cantera claims it did not have a no-Spanish policy.

Many veterans have returned from the two wars with some degree of PTSD. I myself have some low level PTSD in limited situations. But, that does not mean we cannot perform our jobs. In Alviar v. Macy’s Inc., No. 17-1130 (5th Cir. 8/15/2019), the Fifth Circuit reversed an award of summary judgment. Plaintiff Alviar

A recent jury in the Western District found Southwest Research Institute, one of the largest employers in San Antonio, guilty of retaliating against a female worker who complained about discrimination. The jury awarded her $410,000. I previously wrote about that jury result here. The jury awarded $335,624 in lost pay and $260,000 in compensatory

The Equal Employment Opportunity Commission has the mission of investigating employment discrimination. They also educate employers and others about the nation’s discrimination laws. They issue guidance to employers (and employees) on what discrimination looks like. The EEOC actually issues some very good, well-supported legal guidance. See this site for excellent articles on every aspect of

The Americans with Disabilities Act requires all businesses and governments to make their facilities accessible to persons with disabilities. That includes deaf persons. What do hearing impaired persons need to access your facility? Well, they might need an American Sign Language interpreter. If a hearing impaired person requests an ASL interpreter, every business and every

Oberlin College is a small private, liberal arts college in rural Ohio. It is one of the more liberal colleges in Ohio and in the Midwest – located in one of the more liberal towns in Ohio and the Midwest. In 2016, Gibson’s Bakery, a small business in Oberlin, caught a student trying to shoplift

One thing an employer must not do when an employee files an EEOC charge is to seek criminal charges against that employee. Yet, that is exactly what the San Antonio area Precinct 2 Constable has done. Constable Michelle Barrientes Vela has tried to persuade the District Attorney to prosecute Leonicio Moreno for tampering with a

The courts have been struggling with the meaning of “sex” in Title VII for a couple of decades. Title VII prohibits discrimination based on “sex.” Does that include discrimination based on sexual orientation? In Oncale v. Sundowner Offshore Services, Inc., 523 US 75, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998), the court tried to

A woman who sued Southwest Research Institute was awarded $410,000 by a federal court jury here in San Antonio. The jury found in her favor. I previously wrote about her case here. It was a remarkable case. She was fired within just a few days after she filed a complaint of discrimination with the