Fifth Circuit reverses SJ in employers favor

A Fifth Circuit panel (Davis, Graves and Higginson) in a per curium opinion, EEOC v. DynMcDermott Petroleum Operations Co., No. 12-40424 (July 26, 2013)  has reversed a Texas federal district court's grant of summary judgement to New Orleans based DynMcDermott. The case involved the decision not to rehire a former employee into a position he had previous experience related to performance. Plaintiff's evidence of age and disability discrimination included statements about needing a younger candidate and the plaintiff's wife's cancer. The appeals court parses the evidence and does a good job of explaining the existence of material fact disputes sufficient to compel reversal.

Documentation sucks

I'm often accused of being a contrarian about certain employment law issues. I believe an employer's own documentation of employee performance (termination notices, reason for termination forms sent in for unemployment, disciplinary write ups) create significant obstacles in defending discrimination law suits.

PLA's discriminate

A Louisiana Weekly article makes a compelling case that Project Labor Agreements discriminate against Black owned construction companies which are 98% non-union. The article also explains the reason for the non-union status of those businesses. If unionized, they likely would be pressured into hiring employees from predominantly white union hiring halls.

HRC sued for age discrimination

Secretary of State Hillary Rodham Clinton was sued along with the Department of State for age discrimination. The 64 year old plaintiff had accepted an offer to serve as an advisor in Algeria. The job was withdrawn after it was discovered the employee would turn 65 during the two year term.  As noted by CBS,  high-profile special envoys Richard Holbrooke and George Mitchell, are over 65.