In a remarkable decision, the Fifth Circuit affirmed the grant of a 12(b)(6) motion to dismiss. In Meadows v. City of Crowley, No. 10752 (5th Cir. 5/3/2018), the plaintiff submitted a 36 page complaint detailing how an African-American police officer was passed for promotion five times. On appeal, the plaintiff alleged that the district
Under the Texas Whistleblower Act, a person who works for a governmental entity and who reports violations of law is protected. Chad Carter worked for the City of Abilene as an engineer. He complained to his superiors that the city had hired contractors who were using unlicensed engineers. Using unlicensed engineers violates the Texas Engineering
Mary Ellen Johnson worked at Southwest Research Institute for many years before she was fired. Some time before her termination, she complained about possible discrimination against her due to her gender. She filed an internal complaint with SWRI in June, 2012. She then filed a complaint with the EEOC on Aug. 3, 2012. Several days
Well, two dancers won their trial last March. So, now Tiffany’s Cabaret has settled with the remaining dancers. I previously wrote about this case and trial here. The dancers sought a collective action, which is the name for a class action under the Fair Labor Standards Act. About half the dancers could not join
There are so many cases discussing the burden of proof in discrimination cases. It is even more complicated when the plaintiff is alleging mixed motives. Mixed motive cases refers to those cases that have a mix of motives, unlawful and lawful. For example, a plaintiff who alleges she was overlooked for a promotion due to