There is a lot of fuss kicking up over the Sigma Alpha Epsilon fraternity video. The video depicts fraternity members chanting anti-black lyrics. The video is gross and repulsive. See CBS news report. The President of the university shut down the fraternity and gave them just a couple of days to move out. The
Discrimination
HR Head of Dallas ISD Resigns
Some folks think discrimination is over. They believe there is no more “true” bias among us, these days. Well, that is not true. The Dallas Independent School District has demonstrated that bias among upper management is still with us. The head of the Dallas ISD Human Resources department has resigned, as has one of her…
Fifth Circuit Clears Up Disability Discrimination Caselaw
In a recent decision, the Fifth Circuit cleared up some confusion regarding how to show disability discrimination. In EEOC v. LHC Group, Inc., No. 13-60703 (5th Cir. 12/11/2014), the court noted that Fifth Circuit jurisprudence had three different versions of a prima facie case for showing disability discrimination. All three versions required the plaintiff…
Houston Court Of Appeals Addresses Mixed Motive Cases
There are so many cases discussing the burden of proof in discrimination cases. It is even more complicated when the plaintiff is alleging mixed motives. Mixed motive cases refers to those cases that have a mix of motives, unlawful and lawful. For example, a plaintiff who alleges she was overlooked for a promotion due to…
San Diego Jury Awards $185 Million in Punitive Damages
A San Diego, California jury recently awarded less than one million in compensatory damages and another $185 million in punitive damages to a woman who sued for pregnancy based discrimination. See Workplace Prof blog post. The suit was lodged against AutoZone. Rosario Juarez alleged that she was fired after being told that pregnant women…
A True Cowboy Judges a Person On His/Her Own Merits
An acquaintance passed away recently. His passing brought to mind the high school I graduated from in 1975. Mike Gallagher graduated from John Marshal High School a couple of years before I did. He was a football player, and an officer in the Fellowship of Christian Athletes. In other words, he was at the top…
Racism Alive and Well in East Texas
Racism comes in degrees. A wise man once said we are all racist to some degree. Well, one truck driver in East Texas is way off to one degree. On the back of his pick-up truck, he has professionally painted a picture of a a banana and Pres. Obama wearing Somali garb. The tailgate asks…
Court Finds Factual Issues Regarding Accommodations

The ADA Amendments Act was passed in 2009. Since then, courts have addressed more fundamental questions about disability claims, such as what are the essential functions of a job and how can they be accommodated? On one such case, Perez v. Sprint/United Management Co., 2013 WL 6970898, No. 12-CV-3161 (N.D. Ga 12/19/2013), the court…
EEOC Finds Evidence of Discrimination at City of San Antonio

Well, I guess it is going to snow this coming July, or at least in March. The EEOC has found in favor of an employee. They have found evidence of discrimination. Finding in favor of the employee may not be as rare as snow in July, but it does approach the rarity of snow in…
Cher is Sued for Discrimination
Three back-up dancers have filed suit against Cher. They claim she fired them because they are African-American. Cher’s tour, "Dressed to Kill," has been very successful. But, she reportedly said her back-up dancers had too much color. She allegedly told choreographer, Kevin Wilson, not to hire any more dark skinned dancers. The lawsuit was filed…