Many discrimination cases lose on motions for summary judgment. In Gutierrez v. City of Converse, No. 17-CV-01233-JKP (W.D. Tex. Jan. 10, 2020), the Western District denied in part and granted in part the City of Converse’s Motion for Summary Judgment. Ms. Gutierrez worked for the Converse Fire Department for eight years when she was
In all employment lawsuits, the employer will move for summary judgment or seek dismissal of the case. Even when the facts are very strong, the employer wants to “take a swing” at summary judgment. It should be obvious that the employee must then point to specific facts which show that a trial is necessary. Summary
A large California law firm known as Buchalter has been sued for sexual harassment. A former legal analyst in the products liability section claims her boss, Gary Wolensky, made frequent sexual jokes. Mr. Wolensky, the chair of the products liability department, used sexually harassing acronyms in emails. But, he also discarded acronyms for something more
The Fifth Circuit has resurrected the old pretext plus formula which we had once been dispensed with in Reeves v. Sanderson Plumbing Products, 530 U.S. 133 (2000). Reeves itself over-ruled a prior decision by the same Fifth Circuit. Some lessons, it seems, are never truly learned.
In the recent case of Owens v. Circassia
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
Those of us who work with the Equal Employment Opportunity Commission know how difficult it is for folks to convey to the EEOC their complaints. The EEOC is always in a hurry. They do not always take the time necessary to understand an employee’s complaint. So, it is not surprising that in Apache Corp. v.
In Hill v. Kerr County, No. 18-CV-00897 (W.D. Tex.), we see a classic he-said-she-said case. Plaintiff, Beverly Hill got into a fracas with her husband at home. Ms. Hill and her husband, Tommy Hill, both worked for the Kerr County Sheriff’s Department. Ms. Hill submitted a crime report about the altercation with her husband.
There are a few law firms that specialize in representing employers in employment cases. A very few of those firms operate nationally. One such law firm is Ogletree, Deakins, Nash, Smoak and Stewart, PC. Ogletree Deakins represents employers everyday regarding employment matters. They have offices across the country. Yet, that firm is the defendant in
There are various constructs which serve to limit access to juries for discrimination victims. One of those constructs is the so-called “same actor inference.” The same actor inference provides that if the same manager who hired an employee later fires that same employee, then it is unlikely that that manager was motived by discriminatory animus.
The boys at Fox News just cannot seem to stay out of trouble. Another female employee has filed suit against Fox News and Roger Ailes. Julie Roginsky filed suit alleging sexual discrimination against the network. She claims that Roger Ailes offered her a regular spot on the show, “The Five,” in return for a sexual