News & Analysis as of

Commission on Human Rights Appeals

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Upends ‘Ultimate Employment Decision’ Requirement for Title VII Discrimination Claims

On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Rules Sleepwalking Employee Who Crawled Into Bed With Coworker Cannot Prove Disability Discrimination

On July 15, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s ruling that a female employee who crawled into a male coworker’s bed while “sleepwalking” and was subsequently discharged failed to...more

Miller Canfield

Illinois Appellate Court Affirms Transgender Access to Restroom Facilities, Largest Ever Emotional Distress Award Made By Human...

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Affirming the largest emotional distress award ever made by the Illinois Human Rights Commission, the Illinois Appellate Court for the Second District has handed down the first Illinois state court decision affirming a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Discrimination Laws Protect Intention to Become Pregnant, State Court Rules

The Texas Commission on Human Rights Act (TCHRA) prohibits discrimination in employment based on sex. The state law defines “sex discrimination” to include “discrimination because of or on the basis of pregnancy, childbirth,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Loss for Employee Who Refused Vaccine for Religious Reasons

As the COVID-19 vaccine becomes more readily available, employers are considering mandatory vaccination for their employees and in particular, how to respond to employee requests for accommodation, whether on the basis of...more

Fisher Phillips

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

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The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...more

Seyfarth Shaw LLP

Texas High Court Allows Employee to Pursue Assault Claim Against Employer for Tortious Acts of “Vice Principal”

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Seyfarth Synopsis: In a decision that is sure to increase the costs and complexity of litigation, the Texas Supreme Court recently held that a former employee’s common law assault claim was not preempted by the state’s...more

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