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
Many folks will ask me when they are experiencing serious trouble at work, can they simply quit? Things have become so bad at work that just have to leave. Some victims of job harassment will experience headaches, nausea while driving to work, and worse symptoms. I sympathize, but have to tell them that quitting may
In one recent case, the employer did not move for summary judgment or otherwise seek to dismiss. The case was filed by Jamel Blanton, Arica-American, and alleged racial and sexual discrimination. The female restaurant manager was accused of saying such things as: “do all black guys have big penises?” “What I would do for you
With an aging population, we are already seeing more medical care issues in the work place. There will be more, not fewer, requests for accommodation. Since the ADA was amended effective in 2009, we are just now seeing the increase in requests for accommodation cases. Some folks just get the whole request for accommodation thing
The Sixth Circuit has rendered a decision regarding a veteran who sued under the Rehabilitation Act of 1973, 29 U.S.C. §791. The Rehab act applies to federal employees who have disabilities. The Americans with Disabilities Act was based in large part on the Rehab Act. In this Sixth Circuit decision, the appellate court affirmed the
The Fifth Circuit has recognized that a hostile work environment claim can exist under the Age Discrimination in Employment Act. The Fifth Circuit has never reached such a conclusion before now. In Dediol v. Best Chevrolet, Inc., the Federal appellate court reversed a grant of summary judgment in favor of the employer.
The Court