Discrimination

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In a rare victory for the worker, the Fifth Circuit reversed summary judgment for the employer.  In Schirle v. Sokudo USA, Inc., No. 11-10788 (5th Cir. 7/31/12), the plaintiff alleged he was discriminated against because he was non-Japanese.  Sokudo and the other defendants are Japanese owned corporations.  Mr. Schirle also claimed that he suffered an…

Changing sex is now a protected classification in the eyes of the EEOC.  In Macy v. Eric Holder, a federal employee tried to file a complaint alleging discrimination against her because of her sex – that is, her gender as related to her transgender status.  The federal EEO officer refused to accept her charge.

The Texas Supreme Court has issued another decision which undercuts the rights of consumers.  In Mission ISD v. Garcia, the Supreme Court looked at the prima facie case necessary for age discrimination.  The Court found that a plaintiff must be able to show that s/he was replaced by someone younger.  In Garcia, the…

 Alma Guzman, the Southside ISD board member, has filed suit against Southside ISD for discimination.  She filed the lawsuit in federal court.  Her lawsuit was then removed to federal court.   I previously wrote about her discrimination claim here.  Her lowest settlement offer has been $600,000.

That amount strikes me as quite high, but…

He dumped dead raccoons in their driveways.  He hung signs in trees with vulgar racist sayings.  He frequently blocked a bus for Special Education students with a tractor.  Danny Eldridge did all this to drive a family which included a Jewish mother and the couple’s nine adopted black children out of their subdivision.  Mr. Eldridge…

Many laypersons people are familiar with the retaliation part of Title VII of the Civil Rights Act of 1964.  That anti-retaliation provision prohibits retaliation against someone who opposes discrimination.  Title VII is a federal statute.  Texas is an at-will state.  But, even so, Texas does have a few state anti-retaliation statutes.  

Texas prohibits reprisal…

I first published this post in 2009.  It seems only more relevant now.  Anti-Muslim bias is more prevalent than it ought to be. I appreciate who and what attacked us on Sept. 1, 2001.  But, my experience has taught me something a bit different. 

I served one year in Iraq as an Army officer.  I…

When faced with harassment of any sort, an employee should complain about it.  That bit of advice seems obvious.  But, if you are a single mother, or if you simply like your job other than the harassment, that advice is not so simple.  Ruth Piller worked as a lawyer at a large Houston law firm.

The facts are dramatic: a woman is fired after she donates a kidney for her boss.  But, the situation also describes pretty well how an employment relationship deteriorates.  Debbie Stevens, 47 and a mother of two, worked for Atlantic Automotive Group, a large dealership group in New York.  Her boss, Jackie Brucia, 61, is a…

Alcohol use and drug use are specifically exempted from coverage under the Americans with Disabilities Act.  See Americans with Disabilities Act, Sec. 12114.  This section provides that a person who is abusing alcohol or drugs may not qualify for coverage under the ADA. 

But, alcoholism is a disease.  So, treatment for alcoholism is covered…