Discrimination

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The Fourth Circuit overruled a lower court decision and found that "liking" a candidate is protected free speech.  A public sector employee "liked" the losing candidate for Sheriff.  The winning candidate then cleaned house of his opponent’s supporters.  He fired the "likers,"  See ABA Bar Journal report.  But, now the appellate court has overturned…

In the recent case of Feist v. State of Louisiana, No. 12-31065, 2013 WL 5178846  (5th Cir. 9/16/13), the appellate court reversed summary judgment in favor of the employer.  The case concerned a lawyer employee who asked for a closer parking space, instead of a space some blocks distant.  Ms. Feist experienced pain in…

The lawyer for Bev Kearney, former track coach at the University of Texas, says they will file suit, soon regarding her EEOC complaint.  Coach Kearney won six national titles in track at UT.  Her EEOC complaint alleges discrimination based on race, gender and retaliation.  She was suspended because school officials discovered she had had a…

Tom Brown, confined to a wheel chair, formerly taught sociology at Northeast Lakeview College.  He sued ACCD and settled his case for $95,000.  Mr. Brown alleged that the district required him to teach in a classroom that was not accessible to his wheel chair and the school would not provide him help to move a…

The racial discrimination allegations against Paula Deen and her brother have been dismissed.  The claims which remain include sexual discrimination claims.  I previously wrote about the lawsuit against Ms. Deen here.  Apparently, the plaintiff in the lawsuit is a white female, who alleged she was offended by discrimination against black workers.  The judge noted…

In a remarkable advance for persons with disabilities, Justin Slaby won his discrimination lawsuit against the FBI.  The jury returned a verdict awarding Mr. Slaby $75,000 in compensatory (emotional suffering) damages.  Because the government is the defendant, punitive damages are not available.  The court will determine the details regarding whether Mr. Slaby should be reinstated…

As regular readers may recall, I served in Iraq from 2005-06.   I was an Army Reserve officer at the time.  So, I am a bit sensitive to veterans issues.  One such case concerns Justin Slaby, a veteran of two tours in Iraq and one tour in Afghanistan.  Mr. Slaby was about to deploy again…

Is a person a racist if s/he uses racist epithets?  Paula Deen admitted to using the n- word to describe African-Americans many times in her deposition.  On NBC’s "Today" show, she admitted to using the n- word just once in her life.  Ms. Deen is from the South.  Despite what the Supreme Court may say…

It was a busy day for the Supreme Court, yesterday.  The high court decided a second employment case regarding retaliation cases.   Congress amended Title VII in 1991 to add many new facets.  It also added that to show discrimination, a plaintiff needed to show that discrimination was a "motivating factor."  Did that change also…