It was a busy day for the Supreme Court, yesterday. The high court decided a second employment case regarding retaliation cases. Congress amended Title VII in 1991 to add many new facets. It also added that to show discrimination, a plaintiff needed to show that discrimination was a "motivating factor." Did that change also
Fifth Circuit Agrees to Hear Appeal Regarding Same Sex Discrimination
The Fifth Circuit has granted an en banc hearing request concerning a same sex discrimination case. In the lower court, a jury found in favor of the employee regarding a same sex discrimination case. On appeal, the Fifth Circuit vacated the jury result and found in favor of the employer. Now, on additional appeal, the
Court Rules Out Reinstatement
Under Title VII, a plaintiff can seek reinstatement if s/he wins the lawsuit. But, many plaintiffs do not want to return to their old job. No matter how much they may have loved their job, they fear returning to a discriminatory environment. With proper protections, the plaintiff’s attitude might change about returning. Many – actually
Federal Court Jury Rejects Discrimination Claim
Jurors in San Antonio federal court rejected an African-American’s claim that she was subjected to discrimination. The EEOC represented Mary Johnson in her suit against A.A. Foundries, makers of components for water wells. The employee had a picture of a noose she was exposed to, but that was not enough for the jury. The plaintiff
Fifth Circuit Finds Sufficient Comparative Evidence
The Fifth Circuit issued a decision in the case of Turner v. Kansas City Southern Railway Co., No. 09-30558, 2012 US App. LEXIS 6079 (5th Cir. 3/26/12). See decision. The opinion discusses the requirements for a circumstantial case of discrimination which relies on comparators. Four Kansas City employees sued their employer for discrimination under
Former Teacher’s Aide Claims False Arrest
It is tempting, when unjustly charged with something at work, to refuse the employer’s instructions. We need to resist such temptations. The boss remains the boss until replaced by a bigger boss or by a judge. An employee at San Antonio Independent School District may learn this lesson the hard way. Leticia Rivera worked for
Fifth Circuit Overturns Summary Judgment
The Fifth Circuit overturned summary judgment for the employer in Schroeder v. Greater New Orleans Federal Credit Union, No. 10-31169 (5th Cir. 12/19/11). The employee was fired after she complained about violations of law and regulation at a credit union. Mary Schroeder filed suit based on 12 U.S.C. §1790b and La.Rev.Stat.Ann. § 23:967(A). Sec. 1790
Houston Jury Awards $730,000
Surina Dixon was hired by Texas Southern University in Houston, Texas to coach women’s basketball. She quit her job in Tennessee and moved to Texas with her husband in 2008. She noticed soon after she arrived that the new men’s basketball coach was paid $148,000 while she was to be paid only $75,000. She complained.
Dallas Jury Awards $17 Million in Age Case
A Dallas jury returned a verdict in favor of the plaintiff in US district court. In an age discrimination case, the jury awarded the plaintiff employee lost pay and benefits of $500,000, liquidated damages of $500,000, mental anguish damages of $1,000,000, punitive damages of $15,00,000, front pay and attorney’s fees to be determined later by
Employers Incur Risk if they Pursue Action Against an Employee for Off-Duty Web Comments
Facebook is now the third largest country in the world. That is, if each user of Facebook was a citizen of a country, then that country would be the third largest. Facebook, Myspace, Linked, the list of social media web sites grows longer each year. Blogging grows leaps and bounds every year. Cases in which