Last week, the Fifth Circuit affirmed summary judgment granted in favor of the employer in a discrimination case. In this case, the employee complained that the employer’s decision to give her the second highest possible, but not the highest possible, rating on a performance review was age, race, sex, sexual…
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This week, referring to his favorite object, my iPhone, my two and a half year old proclaimed: “I’m going to charge it like a man.” What? Who taught him the phrase “like a man”? What does he think it means? I asked him these questions, and he just beamed at…
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This recent case brings to mind the old adage, “Never make promises you can’t keep.” Here are the alleged facts: DuPont spun off part of its operations to form a new subsidiary. DuPont gave affected employees an option—keep working for DuPont or go work for the new subsidiary. DuPont allegedly…
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According to the Fifth Circuit, Title VII’s damages caps apply per person, not per claim. In Black v. Pan American Laboratories, LLC, et al., --- F.3d. ---, 2011 WL 2763096 (5th Cir. July 11, 2011) (not yet released for publication), the employee brought 3 claims of sex discrimination and retaliation…
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