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
Everyday is Take Your Dog to Work Day: EEOC Sues Employer Alleging Ban on Service Dog at Workplace
One of the consequences of the Americans with Disabilities Amendment Act’s expanded definition of disability is that employers are facing a much larger number of accommodation requests and therefore a greater number of potential accommodations. Anecdotally, I have seen a sharp uptick in the number of employees asking employers to bring animals to the workplace
EEOC to Target Companies Using Non-traditional Working Relationships
Yesterday, the EEOC published its four-year Strategic Enforcement Plan for fiscal years 2017 through 2021. The Plan is the Commission’s list of areas of priority where it intends to focus its resources in the next four years. The purpose of the Plan is to identify those areas the Commission believes are likely to have a
Supreme Court Holds Constructive Discharge Administrative Filing Deadlines Commence When Plaintiff Gives Notice of Resignation
Plaintiffs and employers often dispute when an employee’s time period for filing a charge of discrimination commences. Plaintiffs argue that it commences on the date the adverse action is effective (e.g., the termination date) where employers often argue that it commences earlier when the employee is advised of the decision (i.e., notice of termination that
Texas Statutory Damages Caps Need Not Be Pled As Affirmative Defense
In a non-employment case that is nonetheless important for labor and employment lawyers, the Texas Supreme Court has held that statutory damage caps under the Texas Civil Practice and Remedies Code need not be plead as an affirmative defense by the defendant. While the case applies to the damage caps of Chapter 41 of the
U.S. Supreme Court Wrap-up of Employment Law Cases 2014-15 Term
This past term saw the Supreme Court issue four opinions in labor and employment cases. In case you missed them, the following is a brief summary of the holdings from those cases.
EEOC v. Abercrombie & Fitch Holding that Title VII’s prohibition against refusing to hire an applicant to avoid accommodating a religious practice that
Fifth Circuit Resolves Intra-Circuit Split on Important ADA Issue
Last month the Fifth Circuit resolved an intra-Circuit split on the appropriate prima face case that should be used in a discrimination case under the Americans with Disabilities Act. In EEOC v. LHC Group, Inc., the EEOC brought suit on behalf of a home health field nurse who was terminated after she was rendered unable
Texas Supreme Court Provides Defendants with Halloween Discovery Treat; Not Trick
Last Friday, Halloween, the Texas Supreme Court delivered defendants a “treat” in the form of a mandamus opinion articulating the standard for when discovery requests seeking information related to claims other than the
plaintiff’s claims crosses the line from seeking relevant information into an impermissible fishing expedition.
In In re National Lloyds Insurance Company, the
I Quit! Constructive Discharge Serves as Substitute for Adverse Employment Action
An essential element of most employment discrimination claims is that the employee suffered an adverse employment action. An employee who resigns often has difficulty making out a prima facie case of discrimination. An exception to this general rule is where the employee suffers a constructive discharge. Stated another way, where the employee can prove that the
Distinction Between Supervisor/Nonsupervisor Makes $70,000 Difference in Religious Discrimination Case
The status of an employee as a supervisor or nonsupervisor can have a significant impact on the outcome of a discrimination, harassment or retaliation case. For example, if an employee who commits a hostile work environment is a supervisor, the employer could be deprived of valuable legal defenses like the Faragher/Ellerth affirmative defense. A recent case from