In the NFL, the older players haze the rookies. It has been that way at least as long as there has been an NFL. Like most rookies on the Miami Dolphin football team, Jonathan Martin, an African-American player was hazed. Unlike most rookies (and now a second year player), he walked away from his NFL
Discrimination
Georgia Study Shows Discrimination Cases are Disfavored
Two Atlanta area lawyers researched discrimination cases in the Northern District of Georgia. They found among the cases filed in federal court, 80% were dismissed without a trial. In a report published in the Oct. 20, 2013 edition of the Atlanta Journal Constotution, the lawyers looked at 181 discrimination cases alleging race, sex harassment, national…
Fifth Circuit Affirms Same Sex Harassment Trial Verdict
The law must reflect the everyday reality of all Americans. If the law is not grounded in reality, it is no longer "the law." It becomes something oppressive. Judge Tate, a long-time judge on the Fifth Circuit, used to say that an appellate decision should make sense to a barber in Ville Platte, Louisiana. He…
“Liking” a Candidate on Facebook is Protected Free Speech
The Fourth Circuit overruled a lower court decision and found that "liking" a candidate is protected free speech. A public sector employee "liked" the losing candidate for Sheriff. The winning candidate then cleaned house of his opponent’s supporters. He fired the "likers," See ABA Bar Journal report. But, now the appellate court has overturned…
Accommodations Apply to More than Essential Functions
In the recent case of Feist v. State of Louisiana, No. 12-31065, 2013 WL 5178846 (5th Cir. 9/16/13), the appellate court reversed summary judgment in favor of the employer. The case concerned a lawyer employee who asked for a closer parking space, instead of a space some blocks distant. Ms. Feist experienced pain in…
Coach Plans Lawsuit Against UT
The lawyer for Bev Kearney, former track coach at the University of Texas, says they will file suit, soon regarding her EEOC complaint. Coach Kearney won six national titles in track at UT. Her EEOC complaint alleges discrimination based on race, gender and retaliation. She was suspended because school officials discovered she had had a…
ACCD Instructor Settles ADA Lawsuit
Tom Brown, confined to a wheel chair, formerly taught sociology at Northeast Lakeview College. He sued ACCD and settled his case for $95,000. Mr. Brown alleged that the district required him to teach in a classroom that was not accessible to his wheel chair and the school would not provide him help to move a…
Racial Discrimination Allegations Dismissed from Suit Against Paula Deen’s Restaurant
The racial discrimination allegations against Paula Deen and her brother have been dismissed. The claims which remain include sexual discrimination claims. I previously wrote about the lawsuit against Ms. Deen here. Apparently, the plaintiff in the lawsuit is a white female, who alleged she was offended by discrimination against black workers. The judge noted…
Army Veteran Wins Trial Against FBI
In a remarkable advance for persons with disabilities, Justin Slaby won his discrimination lawsuit against the FBI. The jury returned a verdict awarding Mr. Slaby $75,000 in compensatory (emotional suffering) damages. Because the government is the defendant, punitive damages are not available. The court will determine the details regarding whether Mr. Slaby should be reinstated…
FBI Rejects Army Veteran with Prosthetic Hand
As regular readers may recall, I served in Iraq from 2005-06. I was an Army Reserve officer at the time. So, I am a bit sensitive to veterans issues. One such case concerns Justin Slaby, a veteran of two tours in Iraq and one tour in Afghanistan. Mr. Slaby was about to deploy again…