Viewing 61 - 70 out of 99 posts

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 Read More

EEOC's Joint Employer Claim Against Valero Fails

In EEOC v. Valero Refining-Texas, L.P., 2013 U.S. Dist. LEXIS 42776 (S.D. Tex. March 13, 2013), Judge Costa considered the application of the "joint employer" doctrine to a disability discrimination claim Read More

EEOC Claims Against Bass Pro Outdoor World Survive Motion to Dismiss

In 2011, the EEOC commenced a proceeding against Bass Pro Outdoor World for racial discrimination.  The EEOC has alleged a wide range of racial remarks and slurs, but the cornerstone Read More

Austin Court of Appeals: The Date Listed on a Charge of Discrimination Limits the Scope of the Claim

The Austin Court of Appeals considered claims of race discrimination and sex discrimination by a probationary Austin firefighter in Booker v. City of Austin (March 13, 2013).  The specific discussion of Read More

El Paso Court of Appeals Affirms Age Discrimination Verdict

The El Paso Court of Appeals considered an age discrimination claim in Williams-Pyro, Inc. v. Barbour (March 20, 2013).  A jury had found that the employer terminated the plaintiff because of Read More

What Are the Rights of an At-Will Employee in Texas?

The vast majority of workers in Texas are at-will employees, which means that they can be fired for a good reason, a bad reason, or no reason at all.  For Read More

Beaumont Court of Appeals: Age Discrimination Claim Accrued When Layoffs Were Announced, Not When They Occurred

The Beaumont Court of Appeals considered an age discrimination claim in Floersheim v. Motiva Enterprises, LLC, which was decided on March 28, 2013. The employer laid off the plaintiff from his Read More

Fifth Circuit: No Attorneys' Fees in a Mixed-Motive Retaliation Case If the Employer Proves That the Employee Would Have Been Fired Anyway

In Carter v. Luminant Power Services Co., No. 12-10642 (5th Cir. April 3, 2013), the Fifth Circuit addressed an unusual question of statutory construction relating to Title VII.  The plaintiff 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 Read More

First Court of Appeals Rejects "Continuation" Theory of Successor Liability Under Title VII

What happens when an employment discrimination plantiff obtains a judgment against a corporate defendant, but the owner of the company puts the corporation into bankruptcy and continues the business with a Read More

Viewing 61 - 70 out of 99 posts