Viewing 41 - 50 out of 99 posts

The Supreme Court Rejects "Mixed Motive" in Title VII Retaliation Cases

By a 5-4 vote, the United States Supreme Court held that the plaintiff in a Title VII retaliation case cannot rely on a "mixed motive" theory.  The case is University of Texas Read More

The Supreme Court Holds That Title VII Imposes Strict Liability on an Employer for Harassment by a Supervisor Only if the Supervisor Has the Power to Take "Tangible Employment Actions"

By a 5-4 vote, the Supreme Court narrowed the circumstances under which an employer can be held strictly liable for the actions of a supervisor in an harassment case.  The Read More

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 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 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 clander discrimination and retaliation.  The case is Haire v. Board of Supervisors of Louisiana State University (5th Read More

Texas Adopts the Uniform Trade Secrets Act

Historically, trade secret issues in Texas were a matter of common law.  As previously discussed on this blog, the Texas legislature finally considered adopting the Uniform Trade Secrets Act this Read More

Dallas Court of Appeals: The Texas Workforce Commission's Improper Processing of a Charge of Discrimination Is Not a Jurisdictional Bar to Suit

The processing of a Charge of Discrimination by the EEOC or the Texas Workforce Commission can present a number of vexing issues in employment discrimination cases.  The Dallas Court of 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. 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 Read More

Houston Federal Court Issues Rulings Concerning Notice in an FLSA Collective Action

The Fair Labor Standards Act governs claims for unpaid overtime.  The FLSA also allows for the certification of a collective action, which is a form of class action in which Read More

Viewing 41 - 50 out of 99 posts