The U.S. Supreme Court is considering the future viability of affirmative action plans in the academic sphere and could make significant changes to the legality of race-based admissions policies in colleges and universities. Like academia, over the last twenty years, many companies have adopted diversity and affirmative action programs (even where not required by
How to Know the Defense of your Racial Discrimination Claim is Failing? The Jury asks for a Calculator
In a recent case out of a federal court in Houston, a former African American sales representative for FedEx received a jury verdict in the amount of $366M. In that case, Jennifer Harris claimed that she opposed racial discrimination and that she was retaliated against and terminated for engaging in her protected activity. She brought
COVID-19 is not a Natural Disaster under WARN
In the weeks and months following the start of the COVID-19 pandemic, many employers were faced with the need to quickly conduct substantial reductions in force. In making these decisions, the question frequently arose around whether an employer had to provide 60 days advance notice of a plant closing or mass layoff under the Workers’
It Just Got Easier to Waive Arbitration
Many employers have implemented mandatory arbitration programs to resolve disputes with employees. When sued by an employee, an employer with a mandatory arbitration provision occasionally delays seeking an order compelling the lawsuit into arbitration. When a delay occurs, the party seeking to keep the case in court (usually the employee), may resist arbitration arguing that
OSHA’s On-Again, Off-Again Vaccine and Testing Mandate for Large Employers is On-Again—Happy Holiday Employers!
Enforcement of the Biden Administration’s three vaccine mandates (i.e., government contractor, CMS and large employer mandates) had been stayed or partially stayed by various federal courts. The OSHA Emergency Temporary Standard (ETS) applicable to most employers having 100 or more employees was stayed by the Fifth Circuit Court of Appeals prohibiting enforcement of the rule.
Texas Court Holds Request for Reasonable Accommodation is not Protected Activity
Texas courts routinely look to and take guidance from federal law when evaluating claims under the Texas Commission on Human Rights Act. The TCHRA is the Texas state law that prohibits employment discrimination on the basis of disability (and other status) and requires employers to provide reasonable accommodation to qualified individuals with disabilities.
Continue Reading Texas Court Holds Request for Reasonable Accommodation is not Protected Activity
U.S. Supreme Court Invalidates Arbitration Agreements of Interstate Truck Drivers
Earlier this year, the U.S. Supreme Court invalidated the arbitration agreements that an interstate trucking company had with its independent contractor drivers. That case arose in the context of a class action wage and hour lawsuit brought by a group of independent contractor interstate truck drivers alleging that they were not properly paid. The company
Fifth Circuit Affirms Summary Judgment for Employer in Transgender Title VII Case
In Wittmer v. Phillips 66 Company, the Fifth Court of Appeals affirmed a trial court’s summary judgment in favor of Phillips 66 on a claim of employment discrimination based on transgender status. While affirming the judgment for the employer, the Court wrote to reject the district court’s summary conclusion that Title VII prohibited employment
Supreme Court Enforces Arbitration Agreement that Prohibits Class Action Arbitration
I’m traveling for work this week but today’s Supreme Court opinion is one I have been waiting for all term. In Epic Systems v. Lewis, the Court held that arbitration agreements between employees and employers that require mandatory arbitration of disputes can also require that all disputes be arbitrated individually and not as a
El Paso Court of Appeals Clarifies Fiduciary Duty At-Will Employees Owe to Employers
In Texas, absent a valid noncompete, an at-will employee is generally free to compete with the former employer so long as the employee does not take or use the company’s confidential information or trade secrets. Notwithstanding this general rule, employees also have common law fiduciary duties that limit what activities they can engage in prior to resigning employment. The level of fiduciary duty owed to the company will depend on the duties and responsibilities of the employee and the position within the company. Employees may generally make preparations to compete while still employed by a company but cannot actively compete while still employed. What constitutes preparing to compete versus actively competing can often be a blurry line. A recent case from the El Paso Court of Appeals helps to bring the line into focus.
Continue Reading El Paso Court of Appeals Clarifies Fiduciary Duty At-Will Employees Owe to Employers