Unpacking the Claws of Cats Paw TheoryEvidence that co-employee or manager misrepresented employment test results that may have been caused by employee’s disability shows disability animus that may be imputed to company to show pretext because employer relied on that misrepresentation to terminate plaintiff. Governmental Immunity & YouThe Fifth Circuit has ruled that Texas Charter Schools are not arms of the StateSubmission of online application by Plaintiff authorizing prior employers to provide full details of past employment does not waive a mutual non-disparagement provision of a settlement agreement. An employer’s proffer of its own policy is not competent in itself as evidence the policy was followed.When pleading knowledge, it is enough to plead simply that the bad actor knew and this this precipitated the bad acts.Evidence that co-employee or manager misrepresented employment test results that may have been caused by employee’s disability shows disability animus that may be imputed to company to show pretext because employer relied on that misrepresentation to terminate plaintiff. Pregnancy discrimination laws get a face-lift with the Pregnant Workers Fairness Act ("PWFA")Is Pregnancy Protected Under the Americans with Disabilities Act?Pregnancy discrimination can occur when the employee is terminated three months after the birth as long as there is some relation to the termination and pregnancy. An employer’s failure to comply with the plain language of its own policy is enough to raise a genuine dispute of material fact as to the true reason for firing an employee.Failure to retain other older employees, Plaintiff who was 66, another who was 60, and two other older employees, after “outsourcing,” while retaining younger employees bolsters an inference of pretext.Evidence that the hiring decisions were based on subjective considerations such as, “looking for…a candidate…to kind of complement [him]” or “felt that [the successful] applicant would be a good instruction leader for her teachers,” may be pretext for age discrimination. Navigating the Professional Crossroads: Understanding Severance AgreementsMass layoffs: What must your employer do?A severance agreement that does not mention of overtime claims, hours, or wage amounts, does not compute alleged overtime hours worked to which the release applies, and does not refer to any dispute about overtime wages is not an enforceable release of FLSA rights.