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
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
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.
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
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
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
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
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
We lawyers do some crazy things. But, when i see escapades like the one in Tampa Bay in movies or on TV, my first reaction is "no way." Well, yes, way. Three lawyers in Tampa Bay are facing ethics charges by the Florida Bar Association because they colluded to get an opposing counsel arrested for
Summary judgment (i.e., "quick" judgment) has become the bugaboo for employment lawsuits over the past 20 years. I have discussed how the over-use of summary judgment has been particularly difficult for employment cases. Well, that same analysis applies to all civil rights cases. In Tolan v. Jeffrey Wayne Cotton, No. 13-551 (2014), the U.S.