Employment Practices Liability Insurance, or EPLI, is business insurance an employer can purchase that will provide protection from losses caused by certain employment disputes with current or former employees. EPLI is in addition to commercial general liability or umbrella policies that normally contain exclusions for most employment claims.
EPLI normally covers the employer, its employees and executives for
In an issue of first impression in the Fifth Circuit, the U.S. Court of Appeals holds that Title VII’s damages cap apply on a "per party" basis rather than on "per claim." In Black v. Pan American, the Plaintiff, Carleen Black, prevailed on her Title VII and TCHRA claims of sex discrimination and
In an issue of first impression, the El Paso Court of Appeals has held that the Assisted Living Facility Licensing Act creates a private right of action for an employee who has filed a complaint, grievance of providing information in good faith relating to personal care services of the assisted living facility.
In Emeritus Corp. v.
I keep reading reports that Wal-Mart v. Dukes, where the Court reversed a class certification including 1.5 million women (who worked all over the U.S. under different supervisors at different stores) that was based on the company giving supervisors too much discretion, 125 anecdotal stories and an expert report employing dubious social framework analysis, demonstrates that the Court has
The Fifth Circuit held today that a spouse of a successful Title VII plaintiff cannot maintain a legal claim for loss of consortium (i.e., loss of spousal services) under state and federal law. In Barker, Tracey Barker was a civilian worker employed by Halliburton (aka KBR). She claimed she was subjected to sexual harassment, retaliation and
In today’s Supreme Court of Texas orders, the Court held that the State of Texas (including its political subdivisions such as counties) is immune from worker’s compensation retaliation suits. You can read a full copy of the Court’s opinion in Travis Central Appraisal District v. Norman here.
The Fair Labor Standards Act is the federal law that requires most employers to pay a minimum wage and overtime. The FLSA also includes an anti-retaliation provision that prohibits an employer from discharging any employee who has "filed a complaint" under the FLSA because of that complaint. The issue at the high court in Kasten v. Saint-Gobain
In an issue of first impression, the U.S. Court of Appeals for the Fifth Circuit (the federal appellate court hearing cases from Texas), held that the Uniformed Services Employment and Reemployment Rights Act (USERRA) provides no cause of action for a hostile work environment that is created because of a service member’s military service.
The Plaintiffs, in Carder
The U.S. Supreme Court recently considered the circumstances when an employer may be liable for employment discrimination based on the unlawful, discriminatory animus of an employee who influenced, but did not make, an ultimate employment decision. This theory is commonly referred to as the Cat’s Paw theory derived from fable about the monkey who convinces the cat
The U.S. Supreme Court announced that employees, who never engaged in protected activity, can bring third-party retaliation claims against their employers when they suffer an adverse employment action due to their connection with a person who has engaged in protected activity.
The facts of Thompson v. North American Stainless are straightforward. In February 2003 North American Stainless was