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
Fifth Circuit Interprets Ministerial Exception Broadly in Case of First Impression
Last term the U.S. Supreme Court confirmed the existence of the ministerial exception to many of the federal employment discrimination laws. This week, the Fifth Circuit took up the application of the ministerial exception for the first time since the Supreme Court’s opinion in Hosanna-Tabor and applied the exception broadly.
Philip Cannata was the Music
2011-2012 Term U.S. Supreme Court Wrap-Up of Employment Cases
Last week the U.S. Supreme Court ended its 2011-12 Term. Here are summaries of the labor and employment cases decided this term.
Hosanna-Taylor Evangelical Lutheran Church and School v. EEOC, (No. 10-553) (holding that teacher at religious school qualified as a "minister" within the meaning of the ministerial exception to Title VII and therefore
Texas State Law Age Discrimination Claim Fails Where Employee’s Replacement is Older
The Texas Supreme Court held that an age discrimination plaintiff is never entitled to an inference of age discrimination at the prima facie case where the employee’s replacement is older than plaintiff-employee. In that situation, the plaintiff must establish a prima facie case through direct evidence of age discrimination.
Gloria Garcia (age 48) was terminated
Texas Supreme Court Agrees to Hear Age Discrimination Case
Last week the Supreme Court of Texas granted a Petition for Review to hear the case of Mission Independent School District v. Garcia. While the petition for review has three issues (issue four was not challenged by the respondent), only one is relevant to private employers. The school district argues for a bright line rule that
Fifth Circuit Recognizes Hostile Work Environment Claim Under Age Discrimination in Employment Act
This week the Fifth Circuit held that a cause of action exists for hostile work environment under the ADEA –the first such express holding in the Circuit. In Dediol v. Best Chevrolet, the plaintiff filed a hostile work environment and constructive discharge claim against the employer.
During the brief two months of employment, Dediol
Fifth Circuit Distinguishes Comments Constituting Direct Evidence of Discrimination Versus Stray Remarks
In a discrimination case it is very important to determine whether the plaintiff is alleging direct or circumstantial evidence of discrimination. This is important because the standard by which a court determines if the case should proceed to trial or not depends on this determination. In Jackson v. Cal-Western Packaging Corp., the U.S. Court of Appeals
EEOC Publishes Proposed Rule on Employer’s Defense of “Reasonable Factors Other than Age”
On February 18, 2010, the EEOC published a proposed rule defining the employer’s "reasonable factors other than age" (RFOA) defense to a claim of disparate impact age discrimination. A disparate impact theory of age discrimination argues that while the policy or practice challenged does not directly discriminate on the basis of age; it affects older workers in greater numbers.
2008 Term U.S. Supreme Court Wrap-up
The U.S. Supreme Court completed its 2008-09 term. On the docket were five cases of interest dealing with employment law. Here is a summary of the holdings in those cases.
- Crawford v. Metropolitan Gov’t of Nashville and Davidson County, Tenn., (2009) An employee’s participation in an employer’s internal harassment investigation by responding to the employer’s questions may constitute protected oppositional activity under Title
Significant Win for Employers at the High Court: Age Discrimination Plaintiffs Face Higher Burden of Proof
In Gross v. FBL Financial Services, Inc., the U.S. Supreme Court was asked to decide whether a plaintiff must present direct evidence of discrimination in order to obtain a mixed-motive instruction in a non-Title VII discrimination case.
In the case, Plaintiff Gross was employed by FBL Financial Group since 1971. In 2001 he held the