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 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 FLSA Issue Involving Settlement

/cdklawyers.com// 08/11/2012 The Fifth Circuit Court of Appeals recently ruled on an issue regarding the Fair Labor Standards Act. Martin, et al. v. Spring Break ‘83 Prods., L.L.C., et al. No. 11-30671 (5th Cir. July 24, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-30671-CV0.wpd.pdf.   A union representing workers involved in the production of a movie signed a settlement […]

Fifth Circuit Court of Appeals Rules in Same-Sex Discrimination Matter

/cdklawyers.com// 08/03/2012 The Fifth Circuit Court of Appeals recently ruled in a same-sex age discrimination case brought by the EEOC. EEOC v. Boh Bros. Const. Co., L.L.C., No. 11-30770 (5th Cir. July 27, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-30770-CV0.wpd.pdf.   The EEOC brought a Title VII case on behalf of a male construction worker who claimed that […]

Fifth Circuit Court of Appeals Rules on Texas Employment Law Matter

/cdklawyers.com// 05/05/2012 The Fifth Circuit Court of Appeals recently ruled that employees could not pursue claims against their former employer for fraudulently inducing them to terminate their employment with the employer and to accept employment with a wholly owned subsidiary. Sawyer v. E.I. du Pont de Nemours & Co., No. 11-40454 (April 20, 2012), available […]

Fifth Circuit Rules in Physician’s Employment Discrimination Case

/cdklawyers.com// 03/22/2012 The Fifth Circuit Court of Appeals recently ruled in a physician’s employment discrimination case. Nassar v. Univ. of Tex. S.W. Medical Center, No. 11-10338 (5th Cir. March 8, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-10338-CV0.wpd.pdf. The jury found that the doctor was constructively discharged and retaliated against. The employer appealed.   Constructive discharge claims are essentially […]

Fifth Circuit Court of Appeals Rules on Federal False Claims Act Issue

/cdklawyers.com// 01/12/2012 The Fifth Circuit Court of Appeals ruled for the plaintiff in a False Claims Act retaliation matter. Riddle v. Dyncorp Int’l, Inc., et al, No. 11-10155 (5th Cir. Jan. 5, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-10155-CV0.wpd.pdf.   The plaintiff brought a retaliation suit pursuant to the federal False Claims Act 178 days after his employment […]

Fifth Circuit Court of Appeals Reverses Summary Judgment in Race Discrimination Case

/cdklawyers.com// 12/31/2011 The Fifth Circuit Court of Appeals recently reversed a summary judgment for an employer in a race discrimination case. Vaughn v. Woodforest Bank, No. 11-60102 (5th Cir. Dec. 21, 2011), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-60102-CV0.wpd.pdf.   Although she received a favorable performance review, the plaintiff was fired for “unsatisfactory conduct” after the employer conducted a […]