Top 15 5th Circuit Employment Law Cases from 2016 & 2017

Representing clients — plaintiffs or defendants — in employment law cases is challenging, high stakes work, and citing the right cases can be the difference between winning and losing. Keeping up with all the latest employment law decisions from the U.S. Court of Appeals for the Fifth Circuit is not easy, but lawyers practicing employment law within the circuit cannot afford to fall behind.

This program will succinctly identify, crystallize, and put into context the top fifteen employment law cases from the Fifth Circuit during 2016 and 2017.  

Learning Objectives: 

1. Learn about a new Fifth Circuit case that dramatically affects summary judgment practice in employment discrimination cases — presenting new challenges to defense lawyers, and opportunities for plaintiffs’ lawyers
2. Gain insight into how the Fifth Circuit analyzes staffing companies’ liability for the discriminatory practices of their customers, as set out by the court in a case decided just months ago
3. Get the scope on a 2016 Fifth Circuit case that grappled with an issue of first impression — the legal standard for protected conduct under Title VII’s anti-retaliation provision when a non-victim witness to alleged harassment is terminated because of what they reported — and see the surprising way the case turned out that could dramatically alter the landscape in retaliation cases for years to come
4. Examine the Fifth Circuit’s ruling that a plaintiff who was caught peddling pornographic DVDs in the workplace — and who sought to thwart the employer’s investigation into the matter — was nevertheless fired in violation of Title VII’s anti-retaliation provision

5. Find out about the three latest ADA cases from the Fifth Circuit — two that went the employee’s way, and one that went the employer’s way — and learn valuable teaching points that can be derived from each case

6. Learn about a new Fifth Circuit case that rejected the so-called “Managers Rule” and found that summary judgment had been improperly granted for the employer in an FLSA retaliation case