Recent Blog Posts

The EEOC Revises Its Guidance on Specific Disabilities Under the ADA

The EEOC has jurisdiction over claims of disability discrimination under the Americans with Disabilities Act.  The EEOC has issued specific guidelines for certain disabilities.  The EEOC has now revised those guidelines.  The revised guidelines are: Cancer in the Workplace Diabetes in the Workplace Epilepsy in the Workplace Intellectual Disabilities in the Workplace These guidelines provide… Read More »

The EEOC Revises Its Guidance on Specific Disabilities Under the ADA

The EEOC has jurisdiction over claims of disability discrimination under the Americans with Disabilities Act.  The EEOC has issued specific guidelines for certain disabilities.  The EEOC has now revised those guidelines.  The revised guidelines are: Cancer in the Workplace Diabetes in the Workplace Epilepsy in the Workplace Intellectual Disabilities in the Workplace These guidelines provide… Read More »

The NLRB Finds Another Facebook-Related Violation: The Bettie Page Decision

The NLRB once again considered the application of section 7 of the National Labor Relations Act in the non-union context when it decided Design Technology Group, LLC d/b/a Bettie Page Clothing on April 19, 2012.  This case follows the Board’s prior decision in Hispanics United, which applied section 7 to employee comments on Facebook. The… Read More »

Fifth Circuit Addresses Damages in an Age Discrimination Case

The Fifth Circuit considered an age discrimination case in Miller v. Raytheon Co., No. 11-10586 (5th Cir. May 2, 2013) (published).  The most interesting aspect of the decision is the Fifth Circuit’s rulings on the various categories of damages. The facts are fairly straightforward.  The plaintiff worked for Raytheon for around 30 years in supply… Read More »

Corpus Christi Court of Appeals: Charge of Discrimination Was Sufficient to Cover “Pattern and Practice” Claim

The Corpus Christi Court of Appeals considered the sufficiency of a charge of discrimination in a race discrimination case in Rincones v. WHM Custom Services, Inc., No. 13-11-00075-CV (Tex. App. — Corpus Christi May 2, 2013) (memorandum opinion). The plaintiff was an employee of WHM working at Exxon’s facility in Baytown.  The plaintiff took a… Read More »

Houston Federal Court: Age Discrimination Plaintiff Presented Sufficient Evidence of Pretext

Judge Sim Lake of the Southern District of Texas considered an age discrimination claim in Paulissen v. MEI Technologies, Inc., 2013 U.S. Dist. LEXIS 59175 (S.D. Tex. April 25, 2013). The plaintiff, who was 47 at the time of her hiring, was controller of MEI Technologies.  About a year after her 69-year-old supervisor was replaced by… Read More »

San Antonio Court of Appeals Rejects Race Discrimination Claim Because the Plaintiff Failed to Show That Other Employees Were Similarly Situated

The San Antonio Court of Appeals considered a race discrimination claim in Grice v. Alamo Community College District, No. 04-12-00524-CV (Tex. App. — San Antonio April 24, 2013) (memorandum opinion). The plaintiff was a black man who worked for ACCD in an administrative position.  He had a sexual relationship with a temporary employee who was initially… Read More »

Fifth Circuit to Decide Scope of the National Security Exemption Under Title VII

Title VII of the Civil Rights Act of 1964 contains a national security exemption, which prohibits any discrimination claim based on the denial or revocation of a security clearance.  The rationale for this exemption is that the federal agencies should not be required to defend the basis for security classification decisions in court.  The Supreme… Read More »

Texas Supreme Court to Decide Whether 17 Former Tyco Employees Are Entitled to Severance Pay

On Friday, the Texas Supreme Court granted the petition for review in Arsenio Colorado v. Tyco Valves and Controls, L.P., No. 12-0360.  The case involves the enforceability of employment contracts between Tyco Valves and 17 of its former employees (the Gimpel Employees).   The author is counsel for the Gimpel Employees. The 17 Gimpel Employees worked in… Read More »

The Supreme Court Holds That an Employer May Use Offers of Judgment to “Pick Off” the Class Representatives in an Overtime Suit, But Refuses to Decide the Key Mootness Issue

In a highly anticipated decision, the Supreme Court held today that an employer who is facing a potential collective action for unpaid overtime may use the offer of judgment procedure in Fed. R. Civ. P. 68 to “pick off” the class representatives and thus thwart the collective action.  Genesis Healthcare Corp. v. Symczyk, No. 11-1059… Read More »