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Viewing 1 - 10 out of 13 posts

Houston Court of Appeals Extends Drennen to an Suit for Injunctive Relief to Enforce a Non-Compete

On August 29, 2014, the Texas Supreme Court issued its decision in Exxon Corp. v. Drennen, holding that New York law governed the enforceability of a non-compete in the context Read More

Fifth Circuit Upholds Religious Discrimination Claim by Fort Bend County Employee

Religious discrimination claims are different from most other types of discrimination claims because, under appropriate circumstances, an employer may have an affirmative obligation to accommodate an employee’s religious practices.  The Read More

Houston of Appeals Upholds Pregnancy Discrimination Claim Based on Termination Three Months After Childbirth

Both Title VII of the Civil Rights Act of 1964 and Chapter 21 of the Texas Labor Code prohibit discrimination based on pregnancy.  But do those statutes apply to an Read More

The Fifth Circuit Finds That a Reduction in Job Responsibilites Could Constitute an Adverse Employment Action

One of the essential elements of a discrimination claim is that the employee must have suffered an “adverse employment action.”  The purpose of this element is to weed out minor Read More

The Fifth Circuit Clarifies the Rules for Mis-Named Employers in EEOC Charges

Most of the discrimination statutes require a mandatory administrative process as a prerequisite to filing a lawsuit.  The employee must file a charge of discrimination with the EEOC or TWC Read More

Austin Court of Appeals Affirms Disparate Impact Judgment in Age Discrimination Case

Thirty-three City of Austin employees sued for age discrimination, claiming that the terms of their transfer from a defunct department to the Austin Police Department had a disparate impact on Read More

First Court of Appeals Vacates Temporary Injunction in Non-Compete/Trade Secrets Case Due to Lack of Specificity

Rule 683 of the Texas Rules of Civil Procedure provides that an injunction order "shall set forth the reasons for its issuance; shall be specific in terms; [and] shall describe Read More

Fifth Circuit Reverses a Jury Verdict in a Racial Harassment Case Because the Employer Took Prompt Remedial Action

When one employee harasses another employee on the basis of sex, race, or another protected classification, the employer is not automatically liable for the misconduct of the employee. Instead, vicarious Read More

Fort Worth Court of Appeals Finds Non-Compete Unenforceable Due to Waiver and Overbreadth

In an unpublished opinion, the Fort Worth Court of Appeals found that a non-compete was unenforceable due to waiver and overbreath. Ally Financial, Inc. v. Gutierrez, No. 02-13-00108-CV (Tex. App. Read More

Viewing 1 - 10 out of 13 posts