5th Circuit Court Reports Archive 

Former Employee Must Arbitrate Age Discrimination Claim Worker’s Mitigation of Sensitivities Defeats Disability Claim Unforeseeable Business Circumstances Excused WARN Act’s 60-Day Notice Requirement No Finding of Race Discrimination in Failure-to-Promote Case Music Director’s Discrimination Claim Barred by ‘Ministerial Exception’ Union Member’s Title VII Claim Falls Outside of Grievance Process Title VII Does Not Protect Opposition to All Unlawful Activity Back Pay for Retaliation May Be Based on Loss of Job Opportunity Co-owner Who Has No Operational Control Over Employees Is Not ‘Employer’ 5th Circuit: Terminations Must Be Based on Sound, Demonstrable Facts 5th Circuit: Perjury in Deposition Justifies Dismissal of Discharge and Harassment Claims 5th Circuit: Employee’s Retirement Obstructs ADA Interactive Process 5th Circuit: Hostile Work Environment Claim Viable Under ADEA 5th Circuit: Title VII Damages Cap Applies per Party 5th Circuit: Court Dismisses Administrator’s Attempt to Fight ‘Sham’ Divorces 5th Circuit: To Invoke FMLA Protection for Care of Another, Some Geographic Proximity Is Required 5th Circuit: No Evidence of Racial Bias in Terminating Hospital Employee 5th Circuit: USERRA Does Not Provide Claim for Hostile Work Environment 5th Circuit: Title VII Bars Enforcement of Oral Agreement Reached During Conciliation Process 5th Circuit: Severance Not a Set-off to FLSA Damages 5th Circuit: ‘Regarded as’ ADA Claim Rejected 5th Circuit: Injunction Reinstating Striking Workers Affirmed 5th Circuit: FLSA Applies to Temporary Guest Workers Following Katrina 5th Circuit: High Evidentiary Burden Required of Title VII Plaintiff 5th Circuit: In-House FMLA Notice Procedure Does Not Support Termination 5th Circuit: Cable Splicer Determined to Be Independent Contractor 5th Circuit: Court Rejects Pay Plan that Artificially Lowered Overtime Liability 5th Circuit: Generous Attendance Policy, Inconsistently Enforced, Allows Employee to Keep Verdict 5th Circuit: Stray Remark Is Not Sufficient to Establish Discrimination 5th Circuit: Sound, Parade and Park Ordinances Too Restrictive for SEIU Rights 5th Circuit: Uncompensated Donning and Doffing Upheld 5th Circuit: Poor Harassment Precautions Produce Professional Liability 5th Circuit: Hurricane Rita Did Not Excuse Bargaining Obligations 5th Circuit: Reassignment Broke the Hostile Environment Evidentiary Chain 5th Circuit: Workers Were Employees Covered by FLSA 5th Circuit: Evidence of Innocence Misses the Mark 5th Circuit: Employee Assault Claims in Employer-Provided Housing Not Arbitrable 5th Circuit: Employers Are Not Required to Be Right, Just Reasonable 5th Circuit: Family of Australian Worker Who Died Off Coast of Brazil Loses U.S. Claim 5th Circuit: Court Could Not Reach Decision on Mandatory Retirement of Pilots 5th Circuit: Employee Fired Unlawfully Despite Safety Violations 5th Circuit: Elimination of Incentive Award Upheld 5th Circuit: Investigators of Miss. Insurance Claims for Carrier Owe Claimants No Duty 5th Circuit: Combining Absences with Leave Time Violated FMLA 5th Circuit: Employer Not Liable for Immigration Expenses 5th Circuit: Attorneys’ Fees Awarded Against EEOC 5th Circuit: Laid-Off Contract Worker’s Discrimination Claim Meritless 5th Circuit: Tactic to Avoid FLSA Collective Action Fails 5th Circuit: ‘Sales Leaders’ Eligible for Overtime 5th Circuit: Heart Condition May Not Be Compensable 5th Circuit: Peer Review Immunized Dallas’ Presbyterian Hospital from Money Damages 5th Circuit: Former Cashier May Proceed with Harassment Claim 5th Circuit: No Card Check/Neutrality Pact Successorship Without Ongoing Operations 5th Circuit: Manager’s Questioning Was Not Protected Activity Under the FLSA 5th Circuit: Duty To Disclose Negative Reference Information Limited 5th Circuit: Harassment Is Harassment, Misdirected or Not 5th Circuit: Remedial Bargaining Order Imposed for Unfair Labor Practices 5th Circuit: Interviewers’ Remarks Challenged in Reverse Discrimination Case 5th Circuit: Employer’s Interpretative Authority Enforced 5th Circuit: AAP Gave Legitimate Reason for Not Hiring Applicant 5th Circuit: Multimillion-dollar Verdict Against Disloyal Employees Affirmed 5th Circuit: Employer Faces Trial on Disability Claim 5th Circuit: 'Diversity Report' Led to Race Discrimination 5th Circuit: Paid Administrative Leave May Be Adverse Employment Action 5th Circuit: Transferred and Fired Worker Advances with ADEA Claim 5th Circuit: FMLA Protection for Absences Is Not Automatic 5th Circuit: Employer Can Deny Religious Accommodation That Violates CBA 5th Circuit: ADA Punitive Damages Award Affirmed 5th Circuit: Criteria for Avoiding Workers' Comp Liability Outlined 5th Circuit: Overtime exemption for fire service employees expanded 5th Circuit: Employee has burden of proof in disparate impact cases 5th Circuit: Salary required for professional exemption 5th Circuit: Disparate Impact Claim Fails Because of Insufficient Statistics More...