Category Archives: Sex Discrimination and Harassment

EEOC Wins Landmark Title VII Case on Breast Feeding and Lactation

The Fifth Circuit issued a landmark decision in a sex discrimination case involving breast feeding and lactation in EEOC v. Houston Funding II, Ltd. (5th Cir. May 30, 2013).  The Fifth Circuit held that discrimination based on an employee’s post-childbirth lactation is prohibited by Title VII, but expressed doubt about whether, as the law existed… Read More »

Fifth Circuit: Volunteer Firefighters Are Not “Employees” Under Title VII

In a case of first impression, the Fifth Circuit considered whether voluntary firefighters are “employees” for purposes of Title VII in Juino v. Livingston Parish Fire District No. 5 (5th Cir. May 30, 2013).  The Fifth Circuit held that volunteer firefighters are not covered by Title VII. The plaintiff was a volunteer firefighter who claimed that… Read More »

Fifth Circuit Reverses Summary Judgment in Gender Discrimination and Retaliation Case Involving LSU

The Fifth Circuit considered an appeal from a summary judgment in a case involving claims of gender discrimination and retaliation.  The case is Haire v. Board of Supervisors of Louisiana State University (5th Cir. May 21, 2013). The plaintiff was an LSU police officer.  She applied for the vacant position as chief of police.  LSU installed… Read More »

McAllen Federal Court Finds Direct Evidence of Race and Sex Discrimination Against a White Applicant

Judge Michaela Alvarez of the Southern District of Texas decided a motion for summary judgment case involving allege race discrimination and sex discrimination in Fischer v. City of Donna, No. 7:12-CV-242 (May 14, 2013). The plaintiff, who is a white female, applied for the position as city manager of Donna, Texas.  She was not hired.  Instead,… Read More »

Fifth Circuit Rejects Title VII Claims Based on Public Displays of Affection by Co-Workers

The Fifth Circuit considered sex discrimination and retaliation claims in Kummerle v. EMJ Corp., No. 12-10869 (5th Cir. May 16, 2013) (unpublished).  In affirming the district court’s dismissal of the case, the Fifth Circuit offered an analysis that may be disturbing to plaintiffs. The facts are simple.  The plaintiff’s male supervisor and a female co-worker… Read More »

Fifth Circuit Grants Rehearing En Banc in a Same-Sex Harassment Case

The Fifth Circuit has announced that it will rehear a same-sex harassment case en banc.  The case is EEOC v. Boh Brothers Construction Co., No. 11-30770.  The issue is whether a plaintiff can establish gender discrimination based solely on sexual stereotyping. The panel decision described the facts as follows: Kerry Woods began working as an… Read More »