It is pretty well accepted among most lawyers that eye witness testimony is often inaccurate. The story I heard in law school was that a professor staged a fake attack during class. He had someone walk into his room and pretend to shoot him. The shooter ran away and the professor jumped up to show
Civil Rights Enforcement Drops under Bush Administration
Enforcement of civil rights laws fell significantly during the Bush administration, according to a GAO report, as reported in the NY Times. The non-partisan Government Accountability Office reports, for example, that the DOJ Civil Rights Division had filed 11 cases of sex or race harassment per year during the Clinton years, but only 6
Summary Judgment is Not Proper if the Employee has Some Evidence
To show same sex harassment, one must show: 1) the alleged harasser made explicit or implicit proposals of sexual activity and that the sexual harasser was homosexual, 2) the harasser was motivated by general hostility toward members of the same sex, or 3) direct, comparative evidence showing different treatment for members of the same sex
Former Employee Receives $5.5 Million Award
A South Texas hospital will pay $27.5 million to the U.S. Justice department as part of a settlement of claims that the hospital, South Texas Health Systems, bilked money from the US government. The allegations include charges that the hospital entered into a kick-back scheme with various doctors. The plan was that the hospital would
Opposing Lawyers Can Get Along
Clients and other lay persons do not always understand that lawyers for opposing sides can get along and even join together for lunch. Mike Maslanka points out what can happen when lawyers cannot extend the simple courtesies in his latest post. As a lawyer for one side or the other, it is easy to
Texas “Sort of” Anti-Retaliation Statute
No sooner do I post about Texas anti-retaliation statutes and then I hear from someone who sort of has anti-retaliation protection but maybe not. Let’s be clear. Texas is an at-will state. I do not necessarily wish it to be so, but it is so. There are few exceptions here to at-will. My previous post
Many Employers will Spend Big Bucks to Defend a Discrimination lawsuit
A school district spends $552,000 to defend a lawsuit it eventually settles for $150,000. See report at California Labor & Employment Law blog. Does that make sense? No, of course not. Yet, many defendants do just that. They spend far more than the case is worth. Most employment cases settle for anywhere from $10,000
High Salaries Tend to Produce Large Verdicts
I discuss this with clients so often. How much is my case worth? Most clients believe their case is worth millions. And, it is. To you. But, what is it worth to a jury? I have explained that studies of discrimination lawsuits have found that most often, juries do not award compensatory or emotional suffering
It is not the Employer’s Fault if the Lab Makes a Mistake
Many employers require drug tests as a requirement for employment. But, few employers conduct the test themselves. Most employers contract out the actual drawing of the specimen and testing. Some laboratory will perform the test. Some employers will fire an employee for testing positive for a drug test. What happens if the lab makes
Good Comparative Evidence Helps Show Discrimination
There are several ways to prove discrimination. A very common method is to focus on disparate treatment. Bob commits some offense at work. He is treated differently than Pedro regarding the same offense. If nothing can explain why Bob gets treated differently, then one might conclude that he was treated differently due to his ethnic