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 […]

An Employer Asks: Do We Have to Train an Older Worker on a New Computer System?

/cdklawyers.com// 11/09/2012 Question: Our retail operation recently converted to a new computer-operated cash register system. One of our employees is an older lady. She is part of a generation that grew up without computers. Do we have to train her on the new system or can we just assign her other duties? If we assign […]

Hurricane Sandy Prompts Employers to Evaluate Their Policies

/cdklawyers.com// 11/03/2012 Our nation watched with horror as Hurricane Sandy battered the East Coast. Now, Americans have stepped forward to assist with the recovery efforts to get those affected by the storm back on their feet.   Watching East Coast residents, employers, and others deal with the issues they are now facing has caused a […]

Dealing with Unrealistic Settlement Expectations

/cdklawyers.com// 10/20/2012 To settle a discrimination lawsuit, both the employer and the employee have to “come together” regarding their understandings of the evidence, the law, and the value of the case. Sometimes this can be difficult, especially if a plaintiff comes to the negotiating table with sky high expectations.   A plaintiff’s friends and family […]

No Tricks, Just Treats. Planning a Halloween Party at the Office.

/cdklawyers.com// 10/19/2012 Celebrating Halloween at the office can be fun. But a Halloween party can also be scary—for reasons that an employer might not have considered. Shocking things can happen at these parties. A normally subdued office clerk shows up in a revealing French maid outfit. Another employee takes the persona of his boorish costume […]

Confused About What the FLSA Does NOT Require?

/cdklawyers.com// 10/13/2012 The Fair Labor Standards Act is a federal law that sets basic minimum wage and overtime pay standards. It also establishes recordkeeping and child labor standards. While some exemptions exist, the FLSA applies to most workers in the private sector as well as in federal, state, and local governments.   Many employers and […]

EEOC Educates Students about Discrimination and Harassment

/cdklawyers.com// 09/29/2012 Unfortunately, young workers make easy targets for sexual harassment and other forms of employment discrimination. A young worker is new to the working world and may not understand the laws that protect her. She may not know how to respond to inappropriate conduct, and she may have no idea how to get her […]

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 […]

Texas Supreme Court Issues Opinion Regarding Pay Discrimination Matter

/cdklawyers.com// 09/06/2012 The Texas Supreme Court recently addressed an issue of first impression: Does the federal Lilly Ledbetter Fair Pay Act apply to claims brought under the Texas Commission on Human Rights Act so that the 180-day limitations period begins anew each time a claimant receives a paycheck containing a discriminatory amount? Prairie View A&M […]

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. […]