I previously wrote about the first decision in Hamilton v. Dallas County here. That decision held that forcing female detention officers to work on weekends was not discrimination based on sex. The Fifth Circuit panel noted rightly that prior caselaw required an “ultimate employment action” to constitute discrimination. Prior caselaw defined ultimate employment action as

Well, a recent study confirms what many of us expected. Joanna Shepherd, law professor at Emory University, conducted a study of employment discrimination lawsuits.The study looked at whether backgrounds of individual federal judges had an impact on the outcome of a discrimination lawsuit. The study asks whether the professional background of some judges makes them

What happens in mediations stays in mediations – or should. Dennis Duffy, a lawyer who has practiced in San Antonio, El Paso and now in Houston, attended a mediation in Houston in 2019. According to Above the Law blog, he tried a new tactic at the mediation. The plaintiff’s lawyer was Alfonso Kennard. Mr. Duffy

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex, color, religion, race, and national (ethnic) origin. Other statutes prohibit discrimination based on age and disability. But, the statute does not apply to all businesses. An employer must have 15 or more employees for Title VII to apply. For the Age

Many workers believe they have been subjected to discriminatory comments by co-workers. Harassment by co-workers is sometimes referred to as a hostile work environment. It does not become actionable until management becomes aware of the harassment and fails to take action. But, what if the perceived discrimination is not necessarily discrimination? In Barnes v. Prairie

The trial for the “toughest sheriff” has concluded. I previously wrote about that trial here. The “toughest sheriff” has chosen a strange defense. As his trial reached its conclusion, his attorney argued that the “toughest sheriff” did not have a good lawyer. The lawyer did not explain the judge’s ruling to him, for eighteen

Coach Bev Kearney was placed on suspension in 2012 when it was discovered she had a long-term relationship with a student. Even though she had won six national track titles at the University of Texas, she was disciplined when the administration learned of the affair. She was then fired. See my prior posts here and

Well, it almost seems like “piling on,” but Donald Trump has made yet another troubling comment about a protected minority. In 2004, he was asked about one of his high level staffers, a woman who became pregnant. The real estate developer commented on Dateline NBC that it was an “inconvenience” when a female employee becomes

Paul Ryan says Donald Trump’s comments about Judge Curiel are “textbook” racist comments. But, I practice discrimination law and I am not sure what textbook racist comments are. Like most lawyers, I look to pertinent statutes for authority. Title VII of the Civil Rights Act describes discrimination as a personnel action that cannot otherwise be