On February 14, 2019, the United States Court of Appeals for the Fifth Circuit handed down its revised opinion in Johnson v. Halstead. The case involved a claim by Johnson, a black male, that he had been subjected to a hostile work environment based on his race. Specifically, Johnson was a sergeant with the Fort [..]
A new decision from the United States Court of Appeals for the Fifth Circuit touches upon, but does not decide, whether Title VII prohibits discrimination against transgender individuals. We have written here before about the federal law known as Title VII that prohibits discrimination based on “race, color, religion, sex and national origin.” When originally [..]
On January 14-16, 2019, S. Craig Panter teamed up with attorney Ronald E. Stutzman, Jr., to try a civil rights lawsuit in the United States District Court for the Southern District of Mississippi. The Honorable Carlton Reeves presided. Mr. Panter and Mr. Stutzman represented Donna Sturkin in the suit against Vicky Patrick. Donna Sturkin contended [..]
Need a clean record? You can expunge the record of certain convictions, and most arrests, by petitioning the court who had original jurisdiction. State laws define whether or not you can qualify. For example, in Mississippi, you can expunge the convictions of felony bad check, simple possession of a controlled substance, felony false pretense, grand [..]
Exceptions to at-will employment Mississippi follows the common law rule that employment contracts drafted with indefinite terms regarding duration may be terminated at the will of either party. Butler v. Smith, 35 Miss. 457, 464 (1858). This is commonly referred to as “at-will” employment, and is the norm in States whose legislature does not tend [..]
Although our society has moved beyond the “boy’s club” work culture of the ’50s and ’60s, sexual harassment in the workplace continues to be a serious problem. With the recent advent of the #metoo movement, this problem is getting even more attention. In this regard, the law protects both men and women from sexual harassment. [..]
The United State Constitution and numerous federal laws provide citizens with certain guaranteed civil rights. When those rights are violated, the injured party may be able to bring a case under Section 1983 of the United State Code. Section 1983 is a statute that, in and of itself, does not provide any particular rights. Instead, [..]
The most often used vehicle for bringing a civil rights lawsuit is Section 1983, Title 42, of the United States Code. Section 1983 creates a cause of action for damages in favor of an individual who has been deprived of any rights, privileges, or immunities secured by the Constitution by someone acting under color of [..]
Last week the EEOC released proposed Enforcement Guidance on Unlawful Harassment with a Press Release noting that the proposed Guidance is available… Source: EEOC’s Five Core Principles for Preventing and Addressing Harassment – Mississippi Bar Newsstand – Powered by Lexology By: Verrill Dana LLP
The US Equal Employment Opportunity Commission (EEOC) recently updated its strategic enforcement plan for 2017 to 2021. Source: EEOC’s strategic enforcement plan adds priority regarding independent contractor relationships – Mississippi Bar Newsstand – Powered by Lexology By: DeWitt Ross & Stevens SC
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