Category: Employment Discrimination

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.

5th Cir. Update: Employee Lies, Resists During Investigation; Employer Still on the Hook for Retaliation

According to the Fifth Circuit, a supervisor cannot start a groundless internal investigation as a retaliation for employee’s previous discrimination complaint and then, when employee resists investigation, fire him.

5th Cir. Rules No Pain & Suffering, Punitive Damages For ADEA Retaliation Claims

The Fifth Circuit does not allow pain and suffering and punitive damages in discrimination and retaliation claims under the Age Discrimination in Employment Act.

Staffing Agency Could be on the Hook for Termination of an 83-Year Old Receptionist at Client’s Request

The Fifth Circuit recently addressed an interesting issue – when a staffing agency’s client asks to replace an employee, does the staffing agency have a duty to investigate the reasons for the request?  For example, if a staffing agency’s client calls and says we…

The Fifth Circuit Reminds that the Interactive Process Under ADA Is a Two-Way Street

The Fifth Circuit recently found in favor of the City of Austin for firing a disabled employee because he did not attempt to perform his new lighter-duty job in good faith.  After the employee was injured on the job, the city offered him an administrative…

Timing Isn’t Everything in a Pregnancy Discrimination Claim

The Fifth Circuit Court of Appeals recently joined the Second, Sixth, and Tenth Circuits in holding that where an employer shows that it had legitimate non-discriminatory reasons for firing a pregnant employee (e.g., non-performance), a mere fact that the employee was fired shortly after…

Steve Sarkisian Files Wrongful Termination Lawsuit Against USC Trojans; Claims Discrimination Based on Alcoholism

In early October, the University of Southern California fired Steve Sarkisian, its head football coach after an incident where he appeared drunk during a speech at a USC event. Copies of hotel and bar receipts allegedly showing Sarkisian’s alcohol consumption far exceeding the norm spread…

It’s All Fun And Games Until An “Old Fart” Files An Age Discrimination Lawsuit: A Lesson for Employers from the Fifth Circuit

Okay, so George Clooney was not involved in this case, but he has one thing in common with the employee who filed the age discrimination claim in Goudeau v. National Oilwell Varco, L.P. – they are almost the same age. When Maurice Goudeau was…

Break Time for Nursing Mothers at Work – A Right or a Privilege?

Many businesses routinely face the question of what to do when a nursing employee asks that she be allowed to take a break to express milk at work and that she be allowed to do so in a private space? Does an employer have…

Lunch Invitations Are Not Sexual Harassment – Says the Texas Supreme Court

Last week, the Texas Supreme Court reversed a $1 million award to a former San Antonio Water System (SAWS) employee, who claimed that she was terminated because she confronted a male vice president about his repeated lunch invitations to two female employees outside his department. The…