Faith Gonzales worked at a Bill Miller barbecue restaurant. As any San Antonian would know, Bill Miller’s is a fast-food version of barbecue and is a local institution. She complained about discriminatory conduct and was fired in 2008. She filed her charge with the EEOC. The matter did not go to trial until January, 2013.
Trump Engaged in “Mansplaining.”
Some women call is “mansplaining.” They refer to the process in which a man will talk over them at a meeting and interrupt women to explain their position. At the recent presidential debate, Donald Trump interrupted Hillary Clinton 51 times. She interrupted him 17 times. Mr. Trump interrupted the female candidate 26 times in the
Fourth Court Recognizes Same Sex Harassment
The Fourth Court of Appeals recently addressed a growing issue, at what point does same sex harassment constitute sexual harassment based on gender? Since the decision in Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998), we know there is such a thing as sexual harassment by persons of the same gender. In
Church of Scientology Lawsuit to be Dismissed
Well, it looks like Monique Rathbun is dropping her lawsuit against the Church of Scientology. See San Antonio Express News report. I first wrote about that strange lawsuit here. Ms. Rathbun filed a motion asking that her suit be dropped. She did not provide a reason for the dismissal. She fired her lawyers
Fifth Circuit Reverses Summary Judgment
The Fifth Circuit reversed a summary judgment, but the district court ruling was by Judge Lynn Hughes in Houston. So, perhaps that is not so surprising, after all. I have written about Judge Hughes before here and here. In the case of Cannon v. Jacobs Field Services North America, Inc., No. 15-20127 (5th
Employee Files Suit Regarding Forced Abortion
Quid pro quo sex discrimination refers to the situation in which a male harasser asks for sexual favors from a female subordinate. The phrase is Latin for “something for something”. That is the situation involved in the lawsuit of Stephanie Cordero against Tom Benson Chevrolet and her former supervisor, Ernesto Davila. But, Ms. Cordero goes
ERISA Shields Employers from Liability for Workplace Injuries
The arbitration system is harmful to employees. ERISA is often harmful to employees. So, what happens when a case involves both arbitration and ERISA? Mucho harm to employees. That is the subject of a NPR report that address the ERISA law and worker’s compensation. See NPR report. As the report explains, Kevin Schiller was
NBC Asked to Dis-Invite Donald Trump
Donald Trump makes racist comments about Hispanics and seems to suffer no repercussions. He is set to host Saturday Night Live on Nov. 7. The Congressional Hispanic Caucus has asked NBC to rescind the invitation to Mr. Trump to host SNL. See CBS news report. If this were a lawsuit, his remarks about Hispanics
Persons with Disabilities Can Bring the Right Stuff
Many years ago, when I was a captain in the Texas National Guard, I was involved in a new military unit. It is not often in one’s career that you are involved in “standing up” a brand new unit from scratch. Our RCPOC (Rear CP Operations Cell) had a new paragraph and line number on
Fourth Court Finds UIW Police is not a Governmental Unit
Well, it is hardly a surprise. The Fourth Court of Appeals has affirmed the district court and found that the University of the Incarnate Word Police Department is not an “arm of the state.” It is not a government. I previously wrote about this frivolous appeal here. See San Antonio Express News report.