Category: Employment Law

Temporal proximity and Title VII retaliation

We previously wrote here about Title VII retaliation claims. Today we look at the specific concept of temporal proximity in retaliation claims. Scope of Title VII Title VII is a federal law that prohibits various forms of discrimination in the work place. In addition, Title VII prohibits retaliation against an employee who: opposed any practice [..]

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State law claim for sex and age discrimination? Nope.

We previously wrote here about sexual harassment claims under federal law. As we noted, no Mississippi law prohibits such (unless the misconduct rises to the level of assault or battery). Has that changed? No. On August 6, 2020, in Southern Farm Bureau Life Insurance Company v. Thomas, the Mississippi Supreme Court rejected two employees’ efforts [..]

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Remedial actions in hostile workplace cases.

We previously wrote here and here about sexual harassment in the workplace. In this post, we explain how an employer can avoid a hostile work environment claim by taking prompt remedial action. The elements of a hostile work environment claim. To establish a hostile work environment/sexual harassment claim under Title VII, a plaintiff must show [..]

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Obligations of a small business – COVID-19

In mid-March, Congress passed the Families First Coronavirus Response Act (“FFCRA”). President Trump signed the bill, and it went into effect on April 1, 2020. The FFCRA contains many provisions, and two are particularly important for small businesses. First, the Act entitles certain employees to receive up to two weeks of paid sick leave if [..]

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Retaliation Against a Public Servant

Retaliation Against a Public Servant This lawyer sharpened his teeth on a jury trial involving an indictment of retaliation against a public servant. Hopefully, the appeal made District Attorneys and other local prosecutors look harder before presenting a case on, what I consider to be, an unconstitutional and unnecessary law. The statute is ยง 97-9-127, [..]

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How can I clear my record?

How can I clear my record? This is an overview of expungement law in Mississippi if you are wondering “can I clear my record?” Discretionary expunction upon petition, notice, and hearing in municipal court Upon prior notice to the municipal prosecuting attorney and upon a showing in open court of rehabilitation, good conduct for a [..]

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Age Discrimination Claims

On October 25, 2019, the Fifth Circuit Court of Appeals handed down its decision in Gill v. DIRTT Environmental Solutions Incorporated. In doing so, the court reiterated the legal principles governing claims for age discrimination in the workplace when the employee’s evidence is only circumstantial. Facts in Gill In 2005, DIRTT hired Gill as its [..]

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At-will employment and jury duty

  The rule of at-will employment is firmly ingrained in Mississippi law. The rule means that, unless an employee has an employment contract, she can be fired for a good reason, a bad reason, or no reason at all (as long as the firing does not violate federal anti-discrimination laws). Over the years, the Mississippi [..]

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Retaliation in the workplace

We previously wrote here about retaliation against an employee who complains of discrimination. On June 28, 2019, the Fifth Circuit Court of Appeals issued its opinion in Kraft v. The University of Texas Medical Branch, et al. In that opinion, the Court applied the law of retaliation. The facts in Kraft. In May of 2014, [..]

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Retaliation in the workplace.

We previously wrote here about Title VII, a federal law that prohibits employment discrimination based on race, color, religion, sex and national origin. Today, we discuss the related concept of an employer’s retaliation against an employee who exercises her rights under Title VII. Under federal law, it is unlawful for an employer to discriminate against [..]

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