The Fifth Circuit Court of Appeals has been overruled a few times in the past few years. You know a court is too conservative when it is too conservative even for the very conservative U.S. Supreme Court. In the latest example, a group of five plaintiffs filed suit in the Western District of Louisiana objecting
In 2019, I wrote about the Torres v Dept. of Public Safety case here. That case has now been decided in favor of Capt. Leroy Torres, a Texas Guardsmen. The DPS would not accommodate his illness, which he contracted during his tour in Iraq. Capt. Torres then filed suit under the Uniformed Services Employment
I previosuly wrote about the decision in Torres v. Dept. of Public Safety, 583 S.W.3d 221 (Tex.App. Corpus Christi) here. Later, after I wrote that post, the Texas Supreme Court denied Mr. Torres’ request for appeal. Now. Torres is appealing this decision to the U.S. Supreme Court. On appeal, the Office of the
When I was a young warehouseman working my way through college, my job was to pick orders – that means gathering the products and items for a given order. I was tempted more than once to climb those 20 foot high shelves to grab a quick item. Climbing the shelves would have saved me the
The U.S. Supreme Court has held that title VII of the Civil Rights Act of 1964 does include discrimination against gay persons. I have discussed this issue a few times, that the decision in Oncale v. SundownerOffshore Services, Inc., 523 US 75, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998), was a very parsed
Well, the Supreme Court disagreed with me. But, only by a 5-4 vote. The Supreme Court ruled in favor of the President’s travel ban and rejected the appeal of the state of Hawaii. See the opinion in Trump v. Hawaii, No. 17-965 (6/26/2018) here. I previously wrote about that travel ban and its
In a recent decision, the US Supreme Court affirmed the right of employers to review the text messages on employees’ cell phones. In City of Ontario v. Quon, the government employer 
searched the employees’ cell phone for text messages. The cell phone had been issued by the employer. The City believed the employee had exceeded
The decision in Gross is not grounded in reality. Gross v. FBL Financial Services does not reflect how discrimination and bias actually work. Gross is the US Supreme Court’s recent decision on age discrimination. For various reasons, it will probably also apply to discrimination under the Americans with Disabilities Act, also. Harold Goldner