Federal employees enjoy substantial protections other employees do not. One such protection is the whislteblower statute, also known as reporting fraud, waste or abuse. See Workplace Fairness summary. This statute protects a federal employee who reports fraud, waste or abuse or a simple violation of a statute or regulation. There are a number of
Rejection by the EEOC Means Nothing
The EEOC received some 93,727 charges of discrimination last year. Locally, each EEOC investigator carries a case load of 75-95 cases per year. Those numbers indicate very little time is devoted to actual investigation. The open secret is that the EEOC conducts very few true investigations. Yet, many folks still think that when the EEOC
Judge Dismisses Texas Lawsuit Against EEOC
In 2012, the EEOC issued guidance to employers regarding criminal background checks. Criminal background checks can have a disproportionate impact on minorities. The EEOC’s goal was to help employers avoid a blanket rule prohibiting hiring folks with criminal records. In 2013, the state of Texas, filed suit against the EEOC to enjoin the implementation of
Punitive Damages Award Requires Evidence of Conscious Wrongdoing
I tell my clients regularly that even when a plaintiff wins, most juries do not award compensatory damages or punitive damages. Punitive damages are rare in employment cases. What would be required for a jury or judge to award punitive damages. We get a look at what is required in Rhines v. Salinas Construction Technologies
Testy Responses Harm One’s Case
It is never good to annoy a judge during a trial. Yet, that is what John V. Garza, former Republican state representative from San Antonio, did in federal court earlier this week. In the lawsuit concerning alleged racial gerrymandering by the Republican party, Mr. Garza testified about a conversation with other state representatives in 2011.
Fifth Circuit Overrules Summary Judgment, Again
The Fifth Circuit previously overturned summary judgment in Johnson v. Maestri-Murrell Property Management, LLC, (5th Cir. 2012). I wrote about that decision here. The remarkable thing about that summary judgment was the lower court ignored direct evidence of discrimination. The district court’s decision seemed to be result-oriented. See the Fifth
Travis County Prosecutor Fired Over Racial Remarks
photo courtesy of creationc
The "Batson challenge" allows a lawyer to challenge the strike of a potential jury member. The challenge is based on the decision in Batson v. Kentucky, 476 U.S. 70 (1986), which found it unconstitutional to strike a potential jury member on the basis of race. The Batson
Lawyer Sued for Violating Professional Rules
Every lawyer has a fiduciary duty to maintain a client’s property safely and appropriately. A fiduciary duty is the highest duty imposed by our legal system. A fiduciary must exercise a high degree of good faith in protecting a client’s property. So, when the "DWI Dude" is charged with not returning $50,000 he maintained on
Weather Channel Anchor Waiting for Her Arbitration Hearing
The fundamental principle of USERRA (Uniformed Services Employment and Reemployment Act) is that a person should not suffer because s/he participates in the National Guard or Reserve duty. I wrote previously about one Reservist, Cpt. Nicole Mitchell, who very likely lost her job as anchor for the Weather Channel due to her Reserve duty. See
UT Must Produce Records of Other Coaches and Employees
Many, if not all discrimination cases, require that the employee compare him/herself to other employees. It is simply the nature of employment lawsuits that a victim alleges s/he was treated differently than others. To make that allegation, the employee must seek documents and records concerning his/her fellow employees. So, it is no surprise that Coach