The decision in Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 141 L.ed.2d 633 (1998), set up a framework for employers to avoid liability. An employer can avoid liability for harassment of an employee if the employer has a robust system in place for reporting on-the-job harassment. Once such a reporting
Judge Edith Jones
Judge Kent’s Abusive Conduct
I previously wrote about Judge Sam Kent here and here. He was a Federal Judge in Galveston, Texas. Even before the allegations arose, he was known as a bullying sort of judge and one who was generally opposed to discrimination lawsuits. Allegations arose that he was harassing female members of his staff. He attacked…
Anatomy of a Discrimination Lawsuit
One of the many challenges with every employment case involves which judge hears the lawsuit. If the wrong judge is assigned to a given lawsuit, the chances of prevailing diminish. Lauren Browning learned this when she filed a lawsuit in 2005 alleging she was discriminated against on the basis of her gender at Southwest Research…
Judge Jones Argues with Majority
Judge Edith Jones is at it, again. In a recent opinion, in which she was the loser, she traded angry barbs with her judicial colleagues who comprised the majority opinion. In the case of Doe v. Office of Refugee Resettlement, No. 18-40146 (5th Cir. 3/1/2018), the court addressed the situation of a pregnant immigrant…
Judge Jones Accuses Plaintiff of Hardball Tactics
Judges matter. The life experiences they bring to the bench matter. So, when I see a concurrence like the one written by Judge Jones of the Fifth Circuit, I become concerned. In Pineda v. JTCH Apartments, LLC, No. 15-10932 (5th Cir. 12/19/2016), the employee recovered some $5,000 in damages. Santiago Pineda was a maintenance…
Judge Jones Cleared of Ethics Charges, Pending Appeal
I wrote before about Judge Edith Jones, who has been accused of making racist comments at a Federalist Society meeting. See my prior post here. She allegedly stated that certain racial groups, such as African-Americans and Hispanics, are "predisposed" toward crime. Most judges might get away with making those sorts of statements, if they…
Fifth Circuit Affirms Same Sex Harassment Trial Verdict
The law must reflect the everyday reality of all Americans. If the law is not grounded in reality, it is no longer "the law." It becomes something oppressive. Judge Tate, a long-time judge on the Fifth Circuit, used to say that an appellate decision should make sense to a barber in Ville Platte, Louisiana. He…
Judges Jones Excluded from Panel
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…
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…