By dholmes | Published February 24, 2013 | Posted in Race Discrimination, Recent Developments 2013 | Leave a comment
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Recent Developments 2013
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⟨ Fifth Circuit Finds That a “Fried Chicken” Joke Was Racist
The Fifth Circuit’s decision in Autry v. Fort Bend Independent School District, No. 11-20639 (5th Cir. Jan. 7, 2013), raised eyebrows for reasons that had nothing to do with its ultimate outcome. The plaintiff (who is black) claimed that he was denied a promotion due to racial discrimination. The School District acknowledged that it hired a Read More
Read MoreFifth Circuit Finds Evidence of Pretext in a Supervisor’s Expression of Animus Against Older Employees and Applies the “Cat’s Paw” Rule
The Fifth Circuit is often unsympathetic to appeals from summary judgments against employees in discrimination cases. However, on February 1, 2013, we saw an exception, when the Fifth Circuit overturned a summary judgment in Chambers v. Sodexo, Inc., No. 12-60232 (5th Cir. Feb. 1, 2013) (not for publication). This was an age discrimination case. The plaintiff Read More
Read MoreDoes the “Mixed Motive” Rule Apply in Title VII Retaliation Cases? The Supreme Court Will Decide.
In January 2013, the United States Supreme Court granted review in a case that could determine whether a plaintiff can win a Title VII retaliation claim under a “mixed motive” theory. To explain the significance of this development, it is useful to start by examining the legal rules for retaliation claims. Suppose that a Title Read More
Read MoreTexas Supreme Court: No Prima Facie Case When the Plaintiff Is Replaced by an Older Worker
The Texas Supreme Court has decided few employment discrimination cases. One of the most significant cases that the Texas Supreme court has decided is Mission Consolidated Independent School District v. Garcia, 372 S.W.3d 629 (Tex. 2012). This was an age discrimination case decided under Chapter 21 of the Texas Labor Code. (For some peculiar reason, Read More
Read MoreTexas Supreme Court: Reporting Illegal Activity to a Supervisor Does Not Satisfy the Whistleblower Statute
The Texas Supreme Court decided two cases today that address whistleblower rights under the Texas Whistleblower Act. The Act provides protections for whistleblowers who work for the state government. Normally, a suit against a state government entity would be barred by sovereign immunity. The Act provides an exemption from sovereign immunity and allows a whistleblower suit, but only if Read More
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