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Independent investigation into falsified credentials gets professor fired, not his race or cat’s paw retaliation

September 6th, 2017

By Kathleen Kapusta, J.D.
A tenured university professor who alleged he was discriminated against based on his race and discharged in retaliation for his complaints without any due process failed to produce any evidence in support of his cat’s paw theory of liability or show that the decisionmaker did not honestly believe the professor’s continuing misrepresentations [Read more...]

No adverse action, no complaint of alleged harassment for 15 years? No viable claim

September 6th, 2017

By Lorene D. Park, J.D.
An employee who worked for decades at a family-run business, who had a good relationship with a VP that went beyond the workplace, and who failed to complain after he allegedly started touching her buttocks and making age-related comments after her husband died in 1999, could not show that her resignation [Read more...]

Texas anti-sanctuary city law provisions barred based on preemption, First Amendment

September 6th, 2017

By Matt Pavich, J.D.
In a lengthy and detailed opinion, a federal district court in Texas has issued a preliminary injunction barring the state of Texas from implementing and enforcing key provisions of Senate Bill 4, the controversial anti-sanctuary city law signed into law in May. The court barred enforcement and implementation of the law’s enforcement [Read more...]

Texas district court to put an end to the overtime rule; DOJ agrees

September 6th, 2017

By Pamela Wolf, J.D.
The Texas district court that put the first nail in the coffin of the Labor Department’s controversial final rule, which would double the salary threshold for the executive, administrative, and professional (EAP) exemption (the so-called “white collar” exemption) at which FLSA overtime requirements would cease to apply, has done its best to [Read more...]

DACA ‘unconstitutional,’ Sessions declares; DHS announces next steps

September 5th, 2017

By Joy P. Waltemath, J.D.
In a widely signaled move to make good on a Trump campaign promise and stave off threatened litigation, Attorney General Jeff Sessions announced September 5 that “the program known as DACA that was effectuated under the Obama Administration is being rescinded.” Several hours earlier, President Trump had laid the groundwork by [Read more...]