Mary Clay W. Morgan

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Mary Clay Morgan is a member of the firm's Litigation Practice Group, Labor and Employment Practice Group, and Financial Services Litigation and Compliance Team. Her practice primarily involves the representation of defendants in both state and federal courts at the trial and appellate levels. View articles by Mary Clay

Latest Articles

What do you do with employees who use “legal” marijuana in violation of your Drug-Free Workplace Policy? So far, 30 states and the District of Columbia have enacted laws permitting use of marijuana for medical purposes, and eight states and the District of Columbia have legalized recreational use. Several other states are currently considering similar legislation. As marijuana use becomes increasingly permissible under state law, but remains illegal under federal law, many employers are left…
A Texas district court recently held, for the first time in the Fifth Circuit, that transgender people are a protected class under Title VII—but the plaintiff still lost her case. In Wittmer v. Phillips 66 Company, the Houston-based federal court relied on recent opinions from the Second and Sixth Circuits to hold that the plaintiff’s “status as a transgender woman places her under the protections of Title VII.” Despite that protection, the court ultimately concluded…
In a published opinion, the Fifth Circuit has held that an employee’s poor performance in a light-duty position can relieve the employer from any further obligation to find a reasonable accommodation under the Americans with Disabilities Act (ADA). This opinion highlights the importance of the interactive process, and emphasizes that both the employer and the employee must put forth a good faith effort to make an accommodation work. In Dillard v. City of Austin, Texas
In a 4-3 decision released today, in Fisher v. University of Texas at Austin, the United States Supreme Court affirmed that the University’s race-conscious admissions policy meets strict judicial scrutiny and is lawful under the Equal Protection Clause. Fisher, who is white, claimed that the University’s consideration of race as one factor in a “holistic review” admissions process unlawfully disadvantaged her and other white applicants. The University’s admissions policy guarantees automatic admission for the…