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
Fifth Circuit Judge Accused of Making Racist Comments
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
Judge Involved Again in Controversey
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
Stray Remarks Doctrine Still Lives
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)
Independent Contractors Must not be Economically Dependent
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