By Kate Birenbaum and Chris Palamountain
Last week, in Equal Employment Opportunity Commission v. Houston Funding II, Ltd. et al., No. 12-20220, 2013 WL 2360114 (5th Cir. May 30, 2013), the U.S. Court of Appeals for the Fifth Circuit handed the EEOC a nominal victory by holding that employment decisions based on lactation or expressing breast milk can provide
By Christopher DeGroff and Gerald L. Maatman, Jr.
On September 13, 2012, Judge Ed Kinkeade of the U.S. District Court for the Northern District of Texas granted the Defendant’s motion for summary judgment in EEOC v. Exxon Mobil Corp., No. 06-CV-1732 (N.D. Tex. Sept. 13, 2012), on the EEOC’s allegations of age discrimination in violation of the ADEA. Judge Kinkeade
Continue Reading BFOQ Defense Trumps The EEOC – Summary Judgment Entered Against The Commission
By Rebecca Bjork and Matthew Gagnon
On August 8, 2011, the Fifth Circuit held in McClain, et al. v. Lufkin Industries, Inc., No. 10-40036 (5th Cir. Aug. 8, 2011), that where the record unequivocally shows that it was necessary for plaintiffs’ counsel to retain co-counsel from outside their local district, the district court abused its discretion in refusing to use
Continue Reading Fifth Circuit Opines On Class Action Fee Awards
By Rebecca Bjork and Dave Ross
So what does the U.S. Supreme Court ruling of June 6 vacating the Fifth Circuit’s decision affirming the denial of class certification in Erica P. John Fund, Inc. v. Halliburton Co. tell employers about what the Supreme Court might do when deciding the highly-anticipated Dukes v. Wal-Mart case? Probably, not much.
In previous blog
Continue Reading Reading Tea Leaves From The SCOTUS Ruling In Halliburton