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.

"Monkeys!"

A federal district court in Mississippi has denied summary judgment on a hostile environment claim to an employer who is accused of multiple instances of racially derogatory remarks (calling black employees "monkeys"). Once would have been OK, but not several times.

FMLA notice does not have to comply with Employers heightened notice requirements

The Fifth Circuit has reversed a grant of summary judgment to a FMLA employer which terminated a covered employee for not following the employer's own internal notification process. The employee, who suffered from a serious mental incapacitation, and whose mother, as court appointed guardian, communicated with the employer, according to the  Court, provided sufficient notice to meet FMLA's minimum notification procedures. Of interest is the Court's footnote which suggests the result might have been different under the  revisions to 29 C.F.R. § 825.303—which arguably increase the duties imposed upon employees seeking FMLA leave.