Discrimination

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The Texas Bar Association was sued for discrimination.  Montgomery Miller, a 15 year employee for the bar, complained to his supervisor about problems with his foot.  He said he suffered from several maladies causing foot pain.  Two weeks later, he was fired.  See Texas Lawyer report.  The suit has now settled within just a…

 A fourth woman has accused Herman Cain of sexually inappropriate conduct in 1997.  See CBS news report.  The woman, Sharon Bialek, says the then head of the National Restaurant Association touched her inappropriately and suggested she cooperate if she wanted a job. 

She had contacted Mr. Cain after she was laid off from a…

A St. Phillip’s College professor was denied tenure.  Angela Wilson then filed charges of racism and retaliation against the president of St. Phillip’s College, Adena Loston.  See San Antonio Express News report.  Ms. Wilson, a professor of radiography, was also involved in a dispute with the Veterans Administration Hospital.  St. Phillip’s had an internship program…

 A former employee of the City of Kerrville, Texas has settled her lawsuit against the City for $12,500.  She had sued the City of Kerrville for sex discrimination.  She had alleged she was fired for conduct that would have resulted in much less severe punishment for men.  See San Antonio Express News report. I…

The City of Austin, Texas settled a discrimination lawsuit against the Fire Department for $850,000.  See Austin American Statesman report.  The lawsuit had been filed by two white Fire Battalion chiefs who complained that two minority candidates who ranked lower were selected over them for promotion to Assistant Chief.  The lawsuit claimed the selections…

The Family Medical Leave Act provides that an employee can take time off from work to care for a family member.  But, "caring" for a family member means the employee must be in close and continuing proximity to the family member.  So, the Fifth Circuit denied an appeal by a father who argued that frequent…

Sometimes, a creative employer will defend an apparently racist decision by claiming they did not discriminate against all minorities.   We see an attempt at such a defense in Diaz, Et Al v. Kraft Foods Global, Inc., No. 10-3073 (9th Cir. 8/8/11).  Two employees alleged they were victims of anti-Hispanic discrimination when they were passed…

All too often, someone who filed an EEOC charge comes to see me with their right-to-sue letter in hand seeking representation for a lawsuit.  Unable to accept their case, i discus the alternatives.  I review the deadline with the potential client: 90 days for federal court and 2 years for state court.  Looking more closely…

Many employers have implemented so-called no-fault attendance policies in which employees are charged with a day of leave regardless of the reason for the leave.  Once, the employee accumulates enough absent days, s/he will be fired.  Such leave policies, however, conflict, with the Americans with Disabilities Act.  Under the ADA, when an employee requests an…