I previously wrote about the first decision in Hamilton v. Dallas County here. That decision held that forcing female detention officers to work on weekends was not discrimination based on sex. The Fifth Circuit panel noted rightly that prior caselaw required an “ultimate employment action” to constitute discrimination. Prior caselaw defined ultimate employment action as
In Spears v. Louisiana College, No. 20-30522, 2023 WL 2810057 (5th Cir. 4/6/2023), the appellate court addressed the situation in which an employee’s duties are are assigned to various employees. Some courts refer to this practice as “fractioning.” Carolyn Spears taught at Louisiana College for many years. She contracted cancer in 2012 and again
The Dallas County Jail routinely assigned the female detention officers to work the weekend shifts. The supervisors claimed it was safer for the male detention officers to be off on the weekends. Not surprisingly, the female officers did not appreciate this policy. They filed a complaint with the EEOC alleging gender bias. In the resulting
Clients sometimes come to my office, convinced they have an unassailable lawsuit. They cannot lose. They are certain they have the best evidence. But, in litigation, nothing is ever certain. In the case of Knepper v. Ogletree Deakins, Nash. Smoak & Stewart, P.C., No. 19-CV-0060 (C.D. Calif.), much has gone wrong. Dawn Knepper, who
When I was a young law student, the professors loved to talk about the erudite opinions of Judge so-and-so. Judge Learned Hand of the Second Circuit was one such judge. Justice Brandeis was another. I suppose if any such judges are around today, Judge Posner of the Seventh Circuit would qualify. His opinions frequently distills
District courts and appellate courts frequently parse evidence in discrimination cases. There is ample precedent saying they should not. But, they do. Workplace Prof blog discusses a case in which the Eighth Circuit picked and chose which evidence it would consider and found for the employer. See Workplace Prof blog post. Courts are supposed
Financing discrimination lawsuits is difficult. The plaintiffs often are unemployed by the time they even find a lawyer. Many potential plaintiffs do not find a lawyer, at all. So, it is not surprising to see three women who are suing DePaul University have set up a website seeking donations for their lawsuit. See their website
What happens when the fired employee is elected to the board of trustees? That situation is unfolding at the Southside Independent School District, a San Antonio area district. Alma Rosa Guzman was fired by Southside ISD as maintenance manager in November, 2010. See San Antonio Express News report. Ms. Guzman was fired after working for
The very large Wal-Mart class action lawsuit is going to the US Supreme Court for review this week. See CBS news report. The class involves 500,000 to 1.6 million potential plaintiffs. The suit alleges discrimination against women. The suit was initially filed ten years ago in California. It was most recently the subject of
Many employers completely prohibit relationships between management and subordinates. The military has some complicated rules regulating relationships and it too prohibits relationships between those with very different ranks. But, studies show, nevertheless, that relationships continue in the workplace. The workplace remains a prime source of marriage partners. But, the problems developing in the wake of