First Impression Case: Fifth Circuit Rules on Ministerial Exception to Employment Discrimination Law

/cdklawyers.com// 11/10/2012 The Fifth Circuit Court of Appeals recently affirmed the dismissal of an employment discrimination lawsuit because it found that the ministerial exception applied. This exception bars employment discrimination lawsuits brought by ministers against their churches. Cannata v. Catholic Diocese of Austin, No. 11-51151 (5th Cir. Oct. 24, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-51151-CV0.wpd.pdf.   The […]

Fifth Circuit Court of Appeals Issues Opinion Regarding Disability Discrimination

/cdklawyers.com// 12/14/2010 The Fifth Circuit Court of Appeals recently addressed disability discrimination under the Americans with Disabilities Act.  Winborne v. Sunshine Health Care, Inc., No. 09-60765 (5th Cir. Nov. 17, 2010), available at: http://www.ca5.uscourts.gov/opinions/unpub/09/09-60765.0.wpd.pdf.   The plaintiff worked as a nurse for the defendant, a rest home.  She suffered attacks involving temporary loss of awareness, but […]

Fifth Circuit Court of Appeals Rules on Disability Matter

/cdklawyers.com// 07/11/2010 The Fifth Circuit Court of Appeals recently ruled against a plaintiff on his disability discrimination claim.  Kemp v. Holder, No. 09-30255 (5th Cir. June 22, 2010), available at http://www.ca5.uscourts.gov/opinions/pub/09/09-30255-CV0.wpd.pdf. The plaintiff was discharged as a security officer after he failed to pass a hearing test unaided.  The plaintiff had worn hearing aids for […]

Fifth Circuit Court of Appeals Reverses Judgment in Disability Discrimination Matter

/cdklawyers.com// 05/09/2010 A plaintiff sued his employer for disability discrimination after he was terminated for alleged attendance problems.  The jury found for the plaintiff, but the trial court vacated the verdict and granted judgment to the employer.  The Fifth Circuit Court of Appeals reversed that decision in part.  Carmona v. Southwest Airlines Co., No. 08-51175 […]