Fifth Circuit Rules on CBA Matter

/cdklawyers.com// 09/20/2012 The Fifth Circuit Court of Appeals recently held that a plaintiff’s collective bargaining agreement did not provide the exclusive remedy for her sex discrimination claim. Ibarra v. United Parcel Serv., No. 11-50714 (5th Cir. Sept. 13, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-50714-CV0.wpd.pdf.   After being fired, the plaintiff filed a grievance under her union’s collective […]

Fifth Circuit Court of Appeals Reverses Summary Judgment in Employment Discrimination/Retaliation Matter

/cdklawyers.com// 08/25/2012 A plaintiff claimed his employer discriminated against him because of his non-Japanese origin and retaliated against him when he complained about the discrimination. The district court granted summary judgment for the employer, but the Fifth Circuit Court of Appeals reversed that determination. Schirle v. Sokudo USA, L.L.C., et al., No. 11-10788 (5th Cir. […]

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 Rules Against Plaintiff on Race Discrimination Claim

/cdklawyers.com// 06/04/2010 The Fifth Circuit Court of Appeals recently ruled against a plaintiff on her race discrimination claim.  Riley v. Sch. Board Union Parish, No. 09-30625 (5th Cir. May 20, 2010), available at http://www.ca5.uscourts.gov/opinions/unpub/09/09-30625.0.wpd.pdf.  Plaintiff, an African-American certified to teach Social Studies, served as a substitute English teacher.  After her employer learned that she had […]

Equal Opportunity Bullying in the Workplace?

/cdklawyers.com// 02/28/2010 Federal law and Texas state law protect individuals from workplace discrimination on the basis of certain characteristics.  For example, an employer cannot treat a worker unfairly because the worker is of a particular gender, race, or religious affiliation.  But the law does not protect workers from “equal opportunity” bullies.  For instance, an employee […]

Fifth Circuit Rules for Employer on Discrimination Law Question

/cdklawyers.com// 02/07/2010 The Fifth Circuit Court of Appeals recently ruled for an employer on a discrimination law question.  Reine v. Honeywell Int’l Inc., No. 09-30030 (5th Cir. Jan. 21, 2010), available at http://www.ca5.uscourts.gov/opinions/unpub/09/09-30030.0.wpd.pdf.  The plaintiff contended that her boss made discriminatory statements to her and that she reported his conduct to her employer.  Later, she […]