Congress passed the Families First Coronavirus Response Act (FFCRA) in March, 2020 in response to the coronavirus pandemic. Soon afterward, Congress also passed the Emergency Paid Sick Leave Act (EPSLA). As the name suggests, the EPSLA allowed employees to take time off from work to quarantine due a possible covid19 infection. The leave requirements portion
Western District Denies in Part Motion to Dismiss
The Western District of Texas recently denied in part and granted in part a Rule 12(b)(6) motion to dismiss in the matter of Doe v. U.T. at San Antonio, No. 20-CV-1039-DAE (W.D. Tex. 9/27/2021). The Plaintiff sued UTSA based on several theories. He also sued two administrators in addition to the school itself. The
Fifth Circuit Reverses Summary Judgment in Part
In Lindsley v. TRT Holdings, Inc., 984 F.3d 460 (5th Cir. 1/7/2021), the Fifth Circuit reversed a grant of summary judgment regarding the plaintiff’s claim that she was paid less than her three male predecessors. Writing for the majority, Judge Ho said it was apparent that she was paid less than the men who
Federal Court Jury Awards $70 Million
Million dollar verdicts in employment cases are rare. But, they do occur. In one lawsuit against Glow Networks, Inc., nine African-American employees sued the company for racial discrimination. The jury not only agreed, they awarded $70 million to the nine workers. Glow Networks, Inc. is a telecommunications firm.
Among the evidence was the experience of
Jury Finds for One Plaintiff
Three former employees of the Lion & Rose restaurant sued their employer for violating the Emergency Paid Sick Leave Act of 2020. The lawsuit came known as Summers v. Olde England’s Lion & Rose Rim, No. 20-CV-00929 (W.D.Tex.). The EPSLA ended in December, 2020. It provided for paid sick leave for persons who contracted
AG Paxton: Texas Guardsmen Never Experience Discrimination
I previosuly wrote about the decision in Torres v. Dept. of Public Safety, 583 S.W.3d 221 (Tex.App. Corpus Christi) here. Later, after I wrote that post, the Texas Supreme Court denied Mr. Torres’ request for appeal. Now. Torres is appealing this decision to the U.S. Supreme Court. On appeal, the Office of the
Fifth Circuit Reverses Summary Judgment
In Johnson v PRIDE Industries, Inc., 7 F.4th 392 (5th Cir. 2021), a co-worker referred to Michael Johnson, a black worker as “mijo” (son) and “manos” (hands) several times. The same co-worker, Juan Palomares, also referred to Mr. Johnson as “es mayate” (this n—–) on some occasions. Mr. Palomares also used the term “pinches
SA River Authority Settles Discrimination Lawsuit
Ralph Bolado settled a discrimination suit against the San Antonio River Authority. SARA maintains water control features in the San Antonio River watershed. The parties agreed to settle the matter for $210,000. That amount includes $83,000 in lost pay, $41,000 in compensatory damages, $85,000 in attorney’s fees and six months of medical benefits for Mr.
Texas Supreme Court Requires Employer to Honor its 12 Month Leave Policy
Albert Lara, a 21 year employee with the Texas Department of Transportation, suffered some stomach issues which required surgery. He went home to recover. he used up all his sick leave and personal leave. Under DOT’s leave without pay policy, he requested extended leave as an accommodation. DOT had a policy which allowed up to
Texas Court of Appeals Questions Indest Decision
The decision in Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 141 L.ed.2d 633 (1998), set up a framework for employers to avoid liability. An employer can avoid liability for harassment of an employee if the employer has a robust system in place for reporting on-the-job harassment. Once such a reporting