So, back in 2012, the presidential election was between Barack Obama, son of a black father and white mother, and Mitt Romney, whose father was born in Mexico. Don Trump’s spokesperson tweeted at the time: “Perfect Obama’s dad born in Africa, Mitt Romney’s dad born in Mexico. Any pure breeds left?” See CBS news report
discriminate
Cher is Sued for Discrimination
Three back-up dancers have filed suit against Cher. They claim she fired them because they are African-American. Cher’s tour, "Dressed to Kill," has been very successful. But, she reportedly said her back-up dancers had too much color. She allegedly told choreographer, Kevin Wilson, not to hire any more dark skinned dancers. The lawsuit was filed…
Everyday Attendance is not Always Required
Is attendance at one’s job an "essential function" of the job? That is a critical issue if a worker encounters illnesses and treatment that require time away from work. If everyday attendance is required for every job, then an injured worker who needs time off would not be protected by the ADA. Because, that…
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…
Prompt Remedial Action Will Avoid Liability
One of the wonderful things about employment law is that employers have several ways to avoid liability for "stupid" things management might do. One big tool in the employer’s arsenal is the prompt remedial action. If an employee complains about harassment, the employer can investigate and then take "prompt remedial" action. If the employer does…
Clippers Owner Asks Girlfriend not to Bring Blacks to Games
Its a remarkable story. An octogenarian team owner makes racist comments to his girlfriend, asking her not to bring blacks to "his" games. Donald Sterling specifically asks her not to bring "Magic" Johnson to any San Diego Clippers games. See CBS news report.
Mr. Sterling has made outrageous statements before. He is one of…
How to Avoid Sanctions in a Discrimination Lawsuit
In federal court, the parties are subject to sanctions for any number of offenses, ranging from discovery abuse to filing frivolous claims. Sanctions can include everything from money to a prohibition of certain evidence. Federal Rule of Civil Procedure Rule 54(d) allows the winner in a lawsuit to seek an award of attorney’s fees. The…
Fifth Circuit Reverses Summary Judgment
In a recent unpublished decision, the Fifth Circuit reversed the grant of summary judgment in favor of the employer. Monica Hague formerly worked for the University of Texas Health Science Center t San Antonio. Ms. Hague worked in the Emergency Health Services Department. She worked on a contract basis for a set time period. Her contract…
Texas Female Assistant AG’s Suffer Pay Discrimination
The Equal Pay Act is a statute that requires that women be paid the same as men who perform the same work. The Equal Pay Act was passed in the 1970’s as an amendment to Title VII of the Civil Rights Act, which prohibits discrimination against minorities. Texas passed its version of Title VII, Texas’…
Texas Windstorm Insurance Association Uses Racist Language
Emails can reveal so much. In an ongoing dispute between the Texas Windstorm Insurance Association and the Brownsville Independent School District, the plaintiff obtained thousands of emails between various quasi-state officials. The emails concerned Brownsville ISD’s requests for insurance coverage for damage caused by Hurricane Dolly in 2008. The emails reveal frequent racist comments that…