An issue that has percolated for many years is whether an employer must offer a transfer to an open position as an accommodation to a person with a disability. Adrianna Cook worked for the Methodist Hospital for several years when she injured her back in 2012. She then worked in a light duty position for
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
Much of litigation has become about dispositive motions- motions that dispose of the case. Typically, that means motions for summary judgments. The employer submits a motion for summary, or quick judgment, saying the employee lacks evidence for the lawsuit. Both sides may offer affidavits. What happens when a plaintiff’s affidavit contradicts – or appears to
The Fifth Circuit giveth and the Fifth Circuit taketh away. We just talked about a poorly drafted decision in Owens v. Circassia Pharmaceuticals, No. 21-10760 (5th Cir. 5/13/2022) regarding an important employment law decision. See that post here. This Owens decision turned Reeves v. Sanderson Plumbing Products, 530 U.S. 133 (2000) on
The Fifth Circuit has again tried to rein in Judge Lynn Hughes of the Southern District in Houston. In Bailey v. KS Management Services, No. 21-20335 (5th Cir. 5/26/2022), Judge Hughes again prohibited discovery by the plaintiff. As the Fifth Circuit noted, this is the third time some plaintiff has appealed a no-discovery order
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
In Lindsley v. TRT Holdings, Inc., 984 F.3d 460 (5th Cir. 1/7/2021), the Fifth Circuit reversed a grant of summary judgment regarding the plaintiff’s claim that she was paid less than her three male predecessors. Writing for the majority, Judge Ho said it was apparent that she was paid less than the men who
In Johnson v PRIDE Industries, Inc., 7 F.4th 392 (5th Cir. 2021), a co-worker referred to Michael Johnson, a black worker as “mijo” (son) and “manos” (hands) several times. The same co-worker, Juan Palomares, also referred to Mr. Johnson as “es mayate” (this n—–) on some occasions. Mr. Palomares also used the term “pinches
Every few years, we have to re-litigate the so-called self-serving affidavit doctrine. I have written about that silly doctrine here and here. The self-serving affidavit more or less, provides that a person making a claim myst have some evidence to corroborate his/her factual statement. That does not make much sense. The U.S. Supreme Court
Many defendants do this to some degree in a lawsuit: they exaggerate the testimony of the plaintiff or other witnesses. There is sometimes a fine line between advocating a position and outright fabricating evidence. In Flores v. DISH Network, the defense firm, Littler Mendelson, crossed that line. Littler Mendelson primarily practices employment law across