Proving discrimination is never easy. Discrimination requires proof of intent. The plaintiff must prove or show what some manager was thinking. In Thompson v. Zinke, 795 Fed. Appdx. 294 (5th Cir. 2/27/2020), the plaintiff alleged he was discriminated against when he was passed over for promotion. Mr. Thompson noted that a white applicant with
In a recent unpublished decision, the Fifth Circuit reversed the grant of summary judgment in favor of the employer. Monica Hague formerly worked for the University of Texas Health Science Center t San Antonio. Ms. Hague worked in the Emergency Health Services Department. She worked on a contract basis for a set time period. Her contract
People like to joke about a "hostile work environment." But, what is an actual hostile work environment? Essentially, hostile work environment means the discrimination is perpetrated by co-workers, not by supervisors. A finding of a hostile work environment requires that 1) the employee belong to a protected group, 2) s/he was subjected to unwelcome harassment
I have talked here about how a judge’s personal background will affect his/her judicial opinions. Now, it seems one judge’s personal beliefs may reveal her own motivations. Judge Edith Jones, once considered for appointment to the U.S. Supreme Court, has regularly affirmed dismissals and summary judgments in discrimination cases. She has expressed some impatience with
Judges are usually very polite in the courtroom. A few are cantakerous and pushy. A very small percentage are outright abusive and tyrannical. US District Judge McBryde in Ft. Worth is notorious for issues. He was suspended from "judging" in 1996 for a year by the Fifth Circuit Court of Appeals. An unheard of sanction
This is what is wrong with federal judges when it comes to employment law. In a recent deicison, the Fifth Circuit applied the discredited "stray remarks doctrine." Of course, a defense employment lawyer notes the application approvingly. See post. In Jackson v. Cal-Western Packaging Corporation, the Fifth Circuit Court of Appeals (federal)
Many employers seek to reduce cost by hiring independent contractors to perform some work. The employer does not have to pay benefits to an independent contractor. But, what is an independent contractor? The IRS uses one test to determine whether an employee is a true independent contractor and not just an employee under a