One of the elements of every retaliation claim is that there must be a “causal link” between the employee’s protected activity and the adverse action. In previous blogs I have talked about the standard for determining whether a materially adverse action has occurred. In this blog, I would like
In the intricate tapestry of legal frameworks, one concept that often surfaces is legal immunity. This term encompasses various protections granted to individuals or entities, shielding them from certain legal consequences.
In employment law, there are two main types of immunity that come into play: Sovereign Immunity and Qualified Immunity.
My birthday is this week. I turn 40. That means I’m now in a protected class! The older worker class. So as I continue the slow walk up the stony steps towards the box, I thought I’d talk about the ADEA.
Age discrimination in the workplace is a pervasive issue
On August 18, 2023, the Fifth Circuit issued an en banc opinion in Hamilton v. Dallas County, No. 21-10133 that overturned decades old judge-made law limiting actionable claims under Title VII. Let’s take a look.
What is Hamilton about? Hamilton involves how the Dallas County Sheriff’s office schedules time
Sometimes more than one plaintiff has the same claim against an entity. When that happens are there generally three ways such a case can be brought. One way is obviously to simply join all of the plaintiffs to the lawsuit. If there simply are too many, then the plaintiff can
Charter schools have become an increasingly popular alternative to traditional public schools in Texas and across the United States. But one question that has been raised is whether charter schools are considered arms of the state for, among other things, legal immunity purposes. In Texas, this question has been particularly
Just like Soylent Green, companies and government agencies are people. They have rights, they have beliefs, they have purposes, and ambitions, dreams. And just like Charlton Heston in another sci-fi classic, they can speak!
In litigation, whether in state or federal court, the company speaks through what is known
The 88th Regular Session of the Texas Legislature convenes on January 10, 2023 and lasts until May 29, 2023. This coming Monday, November 14, is the first day that legislators can file bills. I hope that this session, Texas finally fixes the Texas Whistleblower Act to
Most people, including defense attorneys, think that actionable retaliation can only occur if the employer fires the employee for engaging protected activity or demotes them or cuts their pay. In other words, these people think that it must be an ultimate employment action. But that is
Yes. At least, in the Seventh Circuit.
Wanna know more? Of course, you do!
So let’s talk a little about the exciting (as employment law cases go) new case of Ziccarelli v. Dart, 35 F.4th 1079 (7th Cir. 2022).
In Ziccarelli, the
