Is attendance at one’s job an "essential function" of the job? That is a critical issue if a worker encounters illnesses and treatment that require time away from work. If everyday attendance is required for every job, then an injured worker who needs time off would not be protected by the ADA. Because, that
Supreme Court Expands Free Speech Protections
People talk about "free speech rights" all the time. But, in reality, our free speech rights are rather limited. Until the U.S. Supreme Court’s decision in Lane v. Franks, No. 13-483 (6/19/14), for example, "free speech" did not apply to speaking publicly about a co-worker at the risk of one’s job. Edward Lane testified before
SCOTUS Says Summary Judgment Does not Obtain When Key Facts are in Dispute
Summary judgment (i.e., "quick" judgment) has become the bugaboo for employment lawsuits over the past 20 years. I have discussed how the over-use of summary judgment has been particularly difficult for employment cases. Well, that same analysis applies to all civil rights cases. In Tolan v. Jeffrey Wayne Cotton, No. 13-551 (2014), the U.S.
Fifth Circuit Panel Ignores Evidence of Racism
In Willis v. CLECO Corp., No. 13-30217, (5th Cir. 4/8/14), the Fifth Circuit panel reverses summary judgment regarding a disciplinary write-up, but affirms summary judgment regarding the termination of an African-American worker. Gregory Willis’ lawyer did not do him any favors in failing to point to specific pages from Mr. Willis’ deposition. Those pages
Fifth Circuit Reverses Summary Judgment
In a recent unpublished decision, the Fifth Circuit reversed the grant of summary judgment in favor of the employer. Monica Hague formerly worked for the University of Texas Health Science Center t San Antonio. Ms. Hague worked in the Emergency Health Services Department. She worked on a contract basis for a set time period. Her contract
A Plaintiff Must Show Respect for the Employer
Discrimination lawsuits are hard to win. I have written many blog posts about that difficulty. One federal judge recently even wrote that Judges are killing Title VII. See my blog post about Judge Kopf’s blog post. Prosecuting a discrimination case is an uphill climb. So, it is important that any plaintiff do nothing to
Judges are Killing Title VII of the Civil Rights Act
A federal judge writes a nice blog on federal judges. See herculesandtheumpire.com. He discusses the studies on employment cases in the Northern District of Georgia. I wrote about that study here.
Judge Richard Kopf titles his blog post, "Judges are Killing Title VII of the Civil Rights Act of 1964." The judge wrote
Georgia Study Shows Discrimination Cases are Disfavored
Two Atlanta area lawyers researched discrimination cases in the Northern District of Georgia. They found among the cases filed in federal court, 80% were dismissed without a trial. In a report published in the Oct. 20, 2013 edition of the Atlanta Journal Constotution, the lawyers looked at 181 discrimination cases alleging race, sex harassment, national
Summary Judgment Has Become So Common And Jury Trials So Rare
I have written about this before, but it happens so often that it requires emphasis. As lawyers and a judicial system, some of us just do not "get" summary judgment. Summary judgment is not about who wins or loses, or rather, it should not be about who wins or loses the lawsuit. After all, if
Seventh Circuit Overrules “Self-Serving” Affidavits
There are a number of institutional obstacles placed in the way of plaintiffs in employment lawsuits. One of those obstacles is the "self-serving" affidavit principle. Numerous cases have held that a plaintiff must have more than a "self-serving" affidavit on which to base his claim . . . as though there was such a thing