Donald Trump and Chef Jose Andres have settled Mr. Trump’s lawsuit. I previously wrote about this lawsuit here and here. Then Candidate Trump sued Chef Andres when he refused to follow through on a commitment to open a restaurant in Mr. Trump’s new hotel in Washington, D.C. Chef Andres, a celbrity in his own
Supreme Court Overturns Conviction Because of Racist Juror
The decision in Pena-Rodriguez v. Colorado did not receive much attention. But, it should have. In that case, a Mexican immigrant was found guilty of assaulting two teenage girls. After the verdict, a member of the jury reported that another member of the jury said some racist things about Mr. Pena-Rodriguez. The jury was all
English Only Statute Ruled Unconstitutional
A county prosecutor showed up at the local school to listen to a young student read aloud an Old Testament story in his native language. The state had recently passed a law against speaking a language other than English in school. Nebraska passed the Siman Act in 1919 which forbade instruction in a foreign tongue.
Sheriff Arpaio Faces Criminal Contempt Charges
Sheriff Joe Arpaio wants the country to think he is tough. He is tough on prisoners. Unfortunately for Hispanics, he is also tough on Hispanic Americans. I last wrote about Sheriff Arpaio here. He would not refrain from targeting Hispanics in his traffic stops. The federal judge in Phoenix has warned Sheriff Arpaio several
Iraqi Man Booted for Speaking Arabic
I am not surprised really. A young Iraqi man was booted from a Southwest Airlines flight after he spoke Arabic on his cell phone. He was talking to his uncle and describing an event earlier that week at which the head of the United Nations, Ban Ki-Moon, had appeared. In closing the phone call with
Automatic Deletion of Video Recording is not Spoliation
We see a lot of discovery issues regarding electronic data, these days. For example, many employers use cameras inside the place of employment. What if those cameras record alleged conduct that leads to termination? The court in EEOC v. Chipotle Mexican Grill, 98 F.Supp.3d 198, 2015 US LEXIS 42187 (D. Mass. 3/30/2015) addressed such
Employer Sought to Rummage Through Plaintiff’s Former Jobs
One recurring issue in employment cases is the breadth of discovery that is allowable. Many employers want to seek the records of the plaintiff’s former jobs. That means the employer can possibly rummage around the employee’s former jobs and see if there is any dirt that will help the employer. Unfortunately, some plaintiff attorneys do
Discrimination Lawyer Sanctioned $116,000
There is much risk when filing a discrimination lawsuit. There is the simple risk that the plaintiff will lose. Most plaintiffs file their lawsuits based on contingency – meaning the lawyer is paid only if there is a recovery of some sort. So, the lawyer incurs the risk of his/her time or money, or both.
Supreme Court Recognizes Implicit Bias
A theory being discussed in academic circles is that discrimination is often implicit. According to this theory, we tend to filter out certain information based on our preconceived notions about peoples and ethnicities. The academicians refer to this as “implicit bias.” Justice Kennedy recently recognized some validity in the theory in Texas Department of Housing
Attorney is Sanctioned (Sort of) For Errors in Affidavit
One of the essential tools in any lawsuit or EEOC charge is the affidavit. The employee typically will sign a couple of different affidavits at various stages of a lawsuit. The affidavit is supposed to represent the witnesses’ testimony. An affidavit should mirror the employee’s actual testimony. But, the rough draft of an affidavit is