The Fifth Circuit issued a decision in the case of Turner v. Kansas City Southern Railway Co., No. 09-30558, 2012 US App. LEXIS 6079 (5th Cir. 3/26/12). See decision. The opinion discusses the requirements for a circumstantial case of discrimination which relies on comparators. Four Kansas City employees sued their employer for discrimination under
Discrimination
DOJ Files Suit Against Selma, Texas
The Department of Justice has filed suit against the City of Selma for violation of Title VII of the Civil Rights Act of 1964. Adam Sadler filed a charge with the EEOC claiming he had been demoted to firefighter after he complained about the Chief of the Fire Department. The former lieutenant complained that the…
Bexar County Jury Awards $1.6 Million
A Bexar County jury awarded a former employee of San Antonio Water Systems $1.6 million in state district court. The former SAWS employee alleged she had been fired after she reprimanded the Vice-President for Communications because he asked a female employee to lunch. See San Antonio Express News report. Debra Nicholas had been special…
Former Teacher’s Aide Claims False Arrest
It is tempting, when unjustly charged with something at work, to refuse the employer’s instructions. We need to resist such temptations. The boss remains the boss until replaced by a bigger boss or by a judge. An employee at San Antonio Independent School District may learn this lesson the hard way. Leticia Rivera worked for…
Deputy Who Arrested Mel Gibson Settles Discrimination Case
In 2006, Mel Gibson ranted and raved when a Los Angeles County deputy stopped the actor for drunk driving. Mr. Gibson infamously accused the deputy, James Mee, of being Jewish. Turns out, the actor was correct. Deputy Mee is Jewish. The actor sputtered other anti-Jewish diatribes. "The Jews are responsible for all the wars in…
Lactation not Related to Pregnancy, Says Federal Judge
In a remarkable decision, U.S. District Judge Lynn Hughes has ruled that lactation, or breast feeding is not related to pregnancy. See Washington Post blog. The EEOC had filed a lawsuit on behalf of Donnicia Venters, a female employee of a debt collection firm in Houston, Texas. The employee had discussed with her employer…
EEOC Filings Rise
Filing charges of EEOC complaints has reached an all-time high. Though just a small increase over 2010, the filings reflect the state of the economy. Filings generally rise when the economy worsens. That is due, I believe, to employers taking advantage of the economic "cover" to get rid of employees and more terminations simply cause…
Federal Judge Finds 20 lb Restriction to be a Substantial Limitation
Judge Montalvo issued a decision for the Western District of Texas regarding the Americans with Disabilities act. In Molina v. DSI Renal Inc., 2012 WL 29348 (W.D.Tex. 1/4/12) the court deneid the employer’s motion for summary judgment. The case was filed under the Texas Commission on Human Rights act, but the court interpreted based on…
US Supreme Court Addresses Ministerial Exception
The U.S. Supreme Court has issued a decision regarding the ministerial exception to Title VII. Title VII of the Civil Rights act of 1964 prohibits discrimination. But, for decades, courts have excepted religious institutions from Title VII. Based on the First Amendment, all circuit courts have recognized that a religious institution may discriminate based on…
11th Circuit Finally Recognizes Perjorative Term
Use of the term "boy" to refer to adult African American men is usually thought to constitute some degree of racism. Yet, the 11th Circuit Court of Appeals has struggled with a case in which that term was used. The case is known as Ash v. Tyson Foods, Inc. It has been to the 11th…