The Court of Appeals for the Fifth Circuit recently reversed a summary judgment for an employer in an age and disability discrimination matter.
/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 […]
/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 […]
/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 […]
/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 […]