In 2019, I wrote about the Torres v Dept. of Public Safety case here. That case has now been decided in favor of Capt. Leroy Torres, a Texas Guardsmen. The DPS would not accommodate his illness, which he contracted during his tour in Iraq. Capt. Torres then filed suit under the Uniformed Services Employment
In Lindsley v. TRT Holdings, Inc., 984 F.3d 460 (5th Cir. 1/7/2021), the Fifth Circuit reversed a grant of summary judgment regarding the plaintiff’s claim that she was paid less than her three male predecessors. Writing for the majority, Judge Ho said it was apparent that she was paid less than the men who
I am an Iraq veteran. I served in Iraq from 2005 to 2006. Some 140,000 other brothers and sisters served in Iraq with me. I am told there were some 1.5 million total who served in Iraq. Wherever I go, I find a bond with fellow Iraq and Afghanistan vets. We share the bond of
Million dollar verdicts in employment cases are rare. But, they do occur. In one lawsuit against Glow Networks, Inc., nine African-American employees sued the company for racial discrimination. The jury not only agreed, they awarded $70 million to the nine workers. Glow Networks, Inc. is a telecommunications firm.
Among the evidence was the experience of
David Yamada, law professor at Suffolk University Law School, has written extensively on workplace bullying. He writes the blog on workplace bullying at Minding the Workplace. He published a seminal paper on workplace bullying in the Georgetown Law Journal in 2008. See that paper here. Mr. Yamada has drafted a model bill entitled,
In Johnson v PRIDE Industries, Inc., 7 F.4th 392 (5th Cir. 2021), a co-worker referred to Michael Johnson, a black worker as “mijo” (son) and “manos” (hands) several times. The same co-worker, Juan Palomares, also referred to Mr. Johnson as “es mayate” (this n—–) on some occasions. Mr. Palomares also used the term “pinches
In Austgen v. Allied Barton Security Services, LLC, No. 19-20613, 2020 U.S. App. LEXIS 20085 (5th Cir. 6/26/2020), a security officer, working for the Port of Houston, encountered back pain in inspecting vehicles. The pain was chronic and had been aggravated by climbing around vehicles. His employer told him to stay home on unpaid
Glenn Hamer claims the pending bill known as “Protecting the Right to Organize” will stop gig workers from working in the gig economy. In a recent opinion piece with the San Antonio Express News, Mr. Hamer claims the PRO, which is pending in the U.S. Senate, will make all gig workers traditional employees and
With a nod to the research of Steve Vladeck, a University of Texas School of Law professor, the coming vote on Jan. 6, 2021 is over-stated in one key respect. Under Sec. 1 of the 20th Amendment, the current Presidential term ends on Jan. 20, no matter what. If no President then is qualified to
Pro se cases (i.e., for self) typically result in dismissal. These are lawsuits filed by a layperson on his/her own behalf – without a lawyer. I previously posted about a pro se lawsuit here. In another such case, Wynne v. Jubilee Academy, No. 19-CV-00739 (W.D. Tex.), the plaintiff filed the suit herself. Although