Discrimination

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A federal court here in San Antonio has found in favor of employees who sued AA Foundries.  i first wrote about the lawsuit here.  A manager was accused of using the n- word frequently.  A hangman’s noose was found in the breakroom.  The Equal Employment Opportunity Commission filed suit on behalf of four former…

The City of Selma, Texas has settled a discrimination lawsuit for $37,500.  Capt. Jeff Moczygemba sued after he was fired.  Capt. Moczygemba was one of the few firefighters to confirm to Human Resource investigators that the Fire Chief, Ric Braun, had made anti-Hispanic comments.  Chief Braun had referred to "wetbacks" who used to clean up the…

A school district has ceased having father-daughter dances and mother-son baseball games.  Apparently, they were deemed to conflict with Rhode Island statute prohibiting gender based discrimination.   See ABA Bar Journal report.  The school canceled the activities after one mother complained because her daughter does not have a father and could not attend the…

The Americans with Disabilities Amendment Act was passed during the Bush administration.  It became effective in September, 2009.  We are just now seeing cases that fall under the ADAAA.  One of the bigger changes wrought under the ADAAA concerns "regarded as" disabled claims.  Under the old ADA, in some appellate courts a claimant had to…

The U.S. Seventh Circuit Court of Appeals has reversed its own precedent.  It has held that the Americans with Disabilities Act may require reassignment accommodation involving transfer into a position, rather than just allowing the employee with a disability to apply for the position.  It is a rare case where reassignment would be the appropriate…

in a recent decision, the Fifth Circuit in New Orleans reversed summary judgment.  In Johnson v. Maestri-Murrell Property Management, LLC, No. 11-30914 (5th Cir. 8/14/12), the EEOC found in favor of the employee, a very rare event.  Yet, the lower court granted summary judgment in favor of the employer.  

The Plaintiff had direct…

Last week, a federal court jury found that Corpus Christi Army Depot discriminated against and retaliated against Muprhy Junaid during his employment at CCAD.  The federal court jury awarded $150,000 in lost wages and benefits and another $500,000 in emotional pain type damages.  Mr. Junaid complained about discrimination by CCAD and then suffered discipline for…

I get calls now and then from folks who are the subject of a discrimination investigation.  The best thing you can do is cooperate with the investigation.  You are still an employee and could be terminated for failing to cooperate with an investigation.  Do not expect fairness or even high quality.  There is no duty…

People file complaints with the Equal Employment Opportunity Commission everyday.  In the 2011 fiscal year, some 9,900 charges were filed in Texas.  The charge starts with a questionnaire filled out by the employee.  An EEOC worker then prepares a charge for the complainant based on the questionnaire.  In theory, the complainant would review the proposed…