One of the wonderful things about employment law is that employers have several ways to avoid liability for "stupid" things management might do. One big tool in the employer’s arsenal is the prompt remedial action. If an employee complains about harassment, the employer can investigate and then take "prompt remedial" action. If the employer does
In Willis v. CLECO Corp., No. 13-30217, (5th Cir. 4/8/14), the Fifth Circuit panel reverses summary judgment regarding a disciplinary write-up, but affirms summary judgment regarding the termination of an African-American worker. Gregory Willis’ lawyer did not do him any favors in failing to point to specific pages from Mr. Willis’ deposition. Those pages
A recent decision by the Fifth Circuit Court of Appeals illustrates one of the many challenges in showing discrimination. In Lawson v. Graphic Packaging International, Inc., No. 13-30205 (5th Cir. 12/13/13), the plaintiff (a Human Resources manager at a paper mill) attempted to show a pattern and practice of discrimination by testifying about other
Judge Edith Jones has been accused of making racist comments and discussing pending cases. I previously wrote about that here. Well, one of those pending cases came before the Fifth Circuit. A man convicted of rape and murder and scheduled for execution has requested a stay of execution. His lawyers asked that Judge Jones
Many times an employer’s stated reasons for an unlawful discharge will change over time. The first occasion an employer offers its reasons is when it fires the employee. But, often, a supervisor will not provide any reasons at the termination. Or, there may not be an actual face-to-face meeting when the employee is terminated. The
The Fifth Circuit has granted an en banc hearing request concerning a same sex discrimination case. In the lower court, a jury found in favor of the employee regarding a same sex discrimination case. On appeal, the Fifth Circuit vacated the jury result and found in favor of the employer. Now, on additional appeal, the
in a recent decision, the Fifth Circuit in New Orleans reversed summary judgment. In Johnson v. Maestri-Murrell Property Management, LLC, No. 11-30914 (5th Cir. 8/14/12), the EEOC found in favor of the employee, a very rare event. Yet, the lower court granted summary judgment in favor of the employer.
The Plaintiff had direct
The Fifth Circuit issued a decision in the case of Turner v. Kansas City Southern Railway Co., No. 09-30558, 2012 US App. LEXIS 6079 (5th Cir. 3/26/12). See decision. The opinion discusses the requirements for a circumstantial case of discrimination which relies on comparators. Four Kansas City employees sued their employer for discrimination under
Federal trials have become as rare as hen’s teeth. In the appeal of a jury verdict in Phillips v. Leggett & Platt, Inc., we see part of the reason why. A Mississippi jury found that the defendant had discriminated against Jean Phillips on the basis of her age. Ms. Philips was 66 years old when Leggett
in a recent decision, the Fifth Circuit found in favor of the plaintiff, actually overruling a judgment for the employer. Even more surprising is that in its decision, the Fifth Circuit appears to be construing the available facts in favor of the non-movant, as they should be doing. See Carmona v. Southwest Airlines.
In