For several decades employees that worked in the Fifth Circuit, which consists of Louisiana, Mississippi and Texas, were substantially limited in the discrimination claims they could pursue compared to other employees around the nation. The Fifth Circuit had required that an employee suffered a ...
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States Are No Longer Immune to USERRA Claims
On June 29, 2022, the Supreme Court issued an Opinion in Torres v. Texas Department of Public Safety that found that states do not have sovereign immunity from military discrimination claims under USERRA.
Supreme Court Holds Rehabilitation Claims Do Not Include Compensatory Or Punitive Damages
On April 28, 2022, the United States Supreme Court issued an Opinion holding that claims for violation of the Rehabilitation Act cannot include remedies for emotional damages or punitive damages. The Court held that claims under the Rehabilitation Act must be limited to damages that could be re...
Supreme Court Holds Prejudice Is Not Required For Waiver of Arbitration
On May 23, 2022, the United States Supreme Court issued an Opinion holding that a party opposing arbitration does not have to show prejudice to prove waiver. One of the ways employees fight employers that are trying to force their employment lawsuit into private arbitration instead of a jury of ...