Texas Tech Law Review Guest Article: Employment Law


This article analyzes recent Fifth Circuit Court of Appeals’ labor and employment law opinions from July 1, 2011, through June 30, 2012. During this period, the appeals court addressed, in large part, a host of discrimination, sexual harassment, and retaliation claims under Title VII of the 1964 Civil Rights Act. The court also decided several cases vital to the development of labor and wage and hour law under the National Labor Relations Act (NLRA) and the Fair Labor Standards Act (FLSA). Given the wide variety of labor and employment law developments, this Article is divided into two parts: (i) an analysis of recent Fifth Circuit decisions and trends involving discrimination, harassment, and retaliation cases under Title VII, the Age Discrimination in Employment Act (ADEA), the Family Medical Leave Act (FMLA), and the Americans with Disability Act (ADA) and (ii) an analysis of published Fifth Circuit decisions under the NLRA and FLSA. Based upon a review of the cases discussed in this Article, the authors conclude that the Fifth Circuit is beginning to take a more employee-friendly approach in certain employment cases, especially in giving deference to pro-plaintiff sexual harassment and retaliation jury verdicts and National Labor Relations Board decisions.

Excerpted from the Texas Tech Law Review, Volume 45, August 8, 2013. To read the full article, click on the PDF linked below.

PDF - Texas Tech Law Review - Employment Law

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