The Fifth Circuit Court of Appeals recently clarified that non-employees do not have standing to sue under Title VII, even if they are an object of intentional retaliation.
Category: Employment Discrimination
The Fifth Circuit Refuses to Extend Title VII to Sexual Orientation or Transgender Status
In the Fifth Circuit, which includes Texas, Louisiana, and Mississippi, Title VII does not prohibit discrimination based on sexual orientation or transgender status
Lessons from the Mavericks Sexual Harassment Scandal: Specific Steps Your Company Can Take to Avoid a #MeToo Situation
Eradicating sexual harassment in the workplace requires commitment from the upper echelons with the company, creation of clear anti-harassment policies, effective training, and consistent enforcement of such policies. If your company is committed to making a change, but not sure where to begin, the above recommendations provide a good starting check list for making such changes.
Employers Are Responsible for Stopping Sexual Harassment by Non-Employees
An employer may [] be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing these cases the Commission will consider the extent of the employer’s control and any other legal responsibility which the employer may have with respect to the conduct of such non-employees.
Texas Statute Prohibits Firing and Discrimination Against Employees Who Evacuate
Texas employers may not discharge or otherwise discriminate against an employee who “leaves the employee’s place of employment to participate in a general public evacuation
A Two Day Suspension is Not a Materially Adverse Action – Rules the Fifth Circuit
An employee must show that unpaid leave caused him or her physical, emotional, or economic harm via some documentation and not just conclusory statements in order to establish a “materially adverse action” by the employer.