More and more employers are relying on staffing agencies to fill certain jobs. But, many employers retain so much control that they remain the employers in all but name. So, if the client employer is the employer in fact, what would be the status of the staffing agency? The Fifth Circuit addresses that issue in
Settlement Undone by Daughter’s Facebook Post
In every settlement of a discrimination claim, the employer always require a confidentiality clause. In 
this clause, the employee agrees to reveal the terms of the settlement only to a select few persons, such as a spouse and an accountant. The rationale offered by the employer is that otherwise, they will face numerous other lawsuits
Discrimination Cases are Difficult to Win
A potential client recently assured me she could make me "wealthy" if I would accept her case for discrimination. She was responding to my gentle declination of her case. How do I explain to a potential client that what they see on television or in the movies is not real life? Sure, Erin Brockovich did
Fifth Circuit Affirms Jury Verdict in Age Lawsuit
Many times an employer’s stated reasons for an unlawful discharge will change over time. The first occasion an employer offers its reasons is when it fires the employee. But, often, a supervisor will not provide any reasons at the termination. Or, there may not be an actual face-to-face meeting when the employee is terminated. The
Mandatory Retirement Policies Violate the ADEA
Mandatory retirement plans based on age are generally prohibited under the Age Discriminaiton in Employment Act. But, the ADEA, like Title VII of the Civil Rights Act covers employees, not business owners – including partners. True partners, those who manage and control a business, are not covered by the ADEA. Burke v. Freedman
Texas Supreme Court Decision Undercuts Decades of Precedent
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
EEOC Files Two Suits in San Antonio
The San Antonio regional office of the EEOC has filed two discrimination lawsuits here in the Alamo City. One suit is against AA Foundries, Inc. alleging racial discrimination. The lawsuit claims that a AA Foundries supervisor routinely used the "n" word and that a hangman’s noose was displayed. The breakroom also displayed racially offensive materials.
Fifth Circuit Overturns Jury Verdict Again
Federal trials have become as rare as hen’s teeth. In the appeal of a jury verdict in Phillips v. Leggett & Platt, Inc., we see part of the reason why. A Mississippi jury found that the defendant had discriminated against Jean Phillips on the basis of her age. Ms. Philips was 66 years old when Leggett
Woman Claims She was Fired Because She Refused to Dye her Gray Hair
A woman claims she was fired from her job at a Houston, Texas title company because she refused to dye her gray hair and wear "younger, fancier" clothes and lots of jewelry. See ABA Bar Journal report. The CEO of the title company dismisses her claim, saying he has gray hair. Bill Shaddock says
Even Singers Get Sued
Billy Ray Cyrus’ former road and farm manager has sued the country-western singer and his wife for age discrimination. The manager says Billy Ray said the manager was "old and dumb and don’t know anything about running a farm." Yea, comments about age are usually pretty good evidence of age discrimination. See report.
It