Advocating for Employees in San Antonio, TX and Beyond
When is a supervisor not a supervisor? For purposes of Title VII, the U.S. Supreme Court has answered that question in a 5-4 vote and has imposed a more narrow definition. See the decision in Vance v. Ball State Univ., No. 11-556 (6/24/13) here.
The Court found that a person is a "supervisor"…
According to a recent report, pregnant women are denied basic accommodations allowed for persons with disabilities. These pregnant women are forced to quit. Employers in particular deny accommodations to low wage workers who are pregnant. The report by the National Women’s Law Center and A Better Balance cites such examples as a woman at a…
Lilly Ledbetter sued her employer for pay disparities which had occurred over years. She worked for Goodyear Tire and Rubber for decades. She sued based on the Equal Pay Act, a federal statute. She lost. The U.S. Supreme Court found that she sued too late. The statute of limitations required her to sue within…
You would think lawyers would know better. But, really, often we do not. Molly DiBianca recounts a story about a senior lawyer she met at a conference of some sort with attendees from all over the country. Molly hails from Philadeplphia. By her own account, she has a bit of a Philly accent.
Yet, some…
In a poorly thought out opinion, Judge Lynnn Hughes of the Southern District of Texas ruled earlier this year that breastfeeding is not related to pregnancy. See my prior post on this ruling. A female employee had been fired because she was planning to breastfeed at work. Women are protected from discrimination based on…
The New England Patriots recently cut Defensive Tackle Kyle Love. They cut him two weeks after his diagnosis with Type 2 Diabetes. As Jon Hyman points out at Ohio Employer’s Law Blog, that cut probably violates the Americans with Disabilities Act. The Patriots explained they cut him over concern for his "recovery time." See Jon’s…
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…
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…
The Fifth Circuit has granted an en banc hearing request concerning a same sex discrimination case. In the lower court, a jury found in favor of the employee regarding a same sex discrimination case. On appeal, the Fifth Circuit vacated the jury result and found in favor of the employer. Now, on additional appeal, the…
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…