Common law employment claims have certain advantages for plaintiffs over statutory discrimination, harassment or retaliation claims. For starters, there are no administrative prerequisites to exhaust and the kinds of damages one can seek for common law claims can sometimes be be more "creative" than the straight forward, capped damages recoverable under statutory claims. In my nonscientific, anecdotal
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 Holds Loss of Consortium Damages Unavailable To Spouse of Successful Title VII Plaintiff
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
Anti-Discrimination Provisions Related to Prior Bankruptcy Do Not Apply to Applicants
Federal law prohibits private employers from terminating the employment of or discriminating with respect to employment against an individual because the individual is or was a debtor under the Bankruptcy Code. In a recent decision of the U.S. Court of Appeals for the Fifth Circuit, the appellate court held that the anti-discrimination provisions of the
Fifth Circuit Holds that FLSA Action Is Improper Forum for Employer to Seek Set-Off Against Wage and Overtime Claims
Employers often consider asserting counterclaims against employees who file lawsuits against them. Most lawyers representing employers counsel against filing counterclaims except in exceptional cases (e.g., an employee’s theft of trade secrets or breach of a covenant not to compete). However, where an employer pays an employee valuable severance benefits in return for a release