Discrimination

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Mandatory retirement plans based on age are generally prohibited under the Age Discriminaiton in Employment Act.  But, the ADEA, like Title VII of the Civil Rights Act covers employees, not business owners – including partners.  True partners, those who manage and control a business, are not covered by the ADEA.  Burke v. Freedman…

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…

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…

When a person with a disability requests an accommodation, the employer must engage in an "interactive process" to arrive at a workable accommodation.  The Americans with Disabilities Act requires the employer and employee to discuss possible alternatives.  Every disability and every person is different.  So, the possible alternatives will vary greatly.  One thing the employer…

 The Family Medical Leave Act was passed twenty years ago this week.  To learn a little more about the FMLA, see this overview.  Or, you can see the Department of Labor’s summary of what the FMLA has done for American workers.  Its hard to believe now, but there was a time when workers could…

Most jobs require daily attendance, but is daily attendance always required?  Don’t most jobs allow time off for workers with good reasons?  Under the Americans with Disabilities Act, workers are entitled to time off as part of treatment for a disability.  Yet, there are cases that state otherwise.  See, e.g., Rogers v. Marine Terminals, Inc.…

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).