In 2012, a Bexar County jury awarded a former SAWS employee $1.6 million in damages in a retaliation lawsuit. Debra Nicholas had opposed possible discrimination by her employer, San Antonio Water System in 2006. Her job was eliminated in 2009. SAWS claimed her job was eliminated as part of a re-organization. But, her job was
discriminate
Georgia Study Shows Discrimination Cases are Disfavored
Two Atlanta area lawyers researched discrimination cases in the Northern District of Georgia. They found among the cases filed in federal court, 80% were dismissed without a trial. In a report published in the Oct. 20, 2013 edition of the Atlanta Journal Constotution, the lawyers looked at 181 discrimination cases alleging race, sex harassment, national…
Judge Hughes Denies Motion to Recuse
Judge Hughes spoke in a discriminatory way about Jitendra Shah and his lawsuit. I previously wrote about Judge Hughes’ ex parte discussion here and here. The Judge discussed the merits of a lawsuit even though the plaintiff’s lawyer was absent. And, he made some stereotypical comments about Indians, Caucasians, state government workers and Indian…
Cat’s Paw Analysis Does Not Apply
When I was a young law student, the professors loved to talk about the erudite opinions of Judge so-and-so. Judge Learned Hand of the Second Circuit was one such judge. Justice Brandeis was another. I suppose if any such judges are around today, Judge Posner of the Seventh Circuit would qualify. His opinions frequently distills…
Iowa Jury Awards $240 Million to Men with Mental Disabilities
A jury awarded $240 million to 32 men with mental disabilities in Iowa. Their employer was Henry’s Turkey Service, which had been previously assessed $1.76 million for underpaying men with disabilities. See my prior blog post about that jury trial. The $240 million awarded in Iowa includes $2 million in punitive damages for each…
NBC Fires Weather Channel Anchor Due To Reserve Status
Major Nicole Mitchell has served in the Air Force Reserve some 20 years. In her civilian life, she was an anchor for the Weather Channel. Ms. Mitchell was forced out in 2010. She has filed a claim alleging discrimination due to her Reserve status. She says that after NBC (and Bain Capital and the Blackstone…
UT Coach Files EEOC Complaint
Coach Bev Kearney, the former track and field coach for the women’s team at the University of Texas, was forced out in 2012. It was discovered that she had once had a relationship with a student-athlete in 2003. According to her lawyer, Derek Howard, UT has a culture allowing such relationships. Mr. Howard claims they…
Voting Rights Act a Racial Entitlement?
The U.S. Supreme Court heard arguments recently regarding Sec. 5 of the Voting Rights Act of 1965. The Voting Rights Act requires many states, most of them in the South to seek pre-approval for changes in voting procedures. The Voting Rights Act has been used to avoid discriminatory actions by local and state governments ranging…
Judge Discusses Case With One Lawyer Absent
A federal judge has a job for life. They are generally more professional and more careful than a state district judge. But, not always. Judge Lynn Hughes of the Southern District of Texas is not so careful. Sitting in Houston, he was just recently criticized by the Fifth Circuit Court of Appeals for not recognizing …
Some Statements Are Simply, Inherently Racist
Some phrases are simply racist. That is, some phrases indicate discriminatory bias with no need for additional inferences. But, sometimes it requires a federal court of appeals to make that clear. The blog at Above the Law discusses the case of Autry v. Ft. Bend independent School District, 2013 WL 68370 (5th Cir. 1/7/13).