By dholmes | Published May 21, 2013 | Posted in Recent Developments 2013, Retaliation, Sex Discrimination and Harassment | Leave a comment
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Recent Developments 2013
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considered sex discrimination and retaliation claims in Kummerle v. EMJ Corp., No. 12-10869 (5th Cir. May 16, 2013) (unpublished).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
Read MoreHouston 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 multiple employees can join as plaintiffs. As part of the collective action process, the court authorizes a notice that is sent to prospective class members. Read More
Read MoreThe 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
Read MoreThe 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
Read MoreFifth 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
Read MoreCorpus 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
Read MoreHouston 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
Read MoreFourteenth Court of Appeals: An Employer May Not Recover Attorneys’ Fees When a Non-Compete Is Reformed
The Fourteenth Court of Appeals considered whether a frachisor who successfully obtained an injunction enforcing a non-compete could recover attorneys’ fees when the trial court reformed the non-compete before entering the injunction. The case is Franlink, Inc. v. GJMS Unlimited, Inc., No. 14-12-00290-CV (Tex. App. — Houston [14th Dist.] April 25, 2013) (to be reported). Read More
Read MoreSan 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
Read MoreFifth 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
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