We all know that age discrimination is an issue when an older worker is replaced by a younger worker. But, can we still show age discrimination when an older worker is replaced by someone who is also older? The Firth Circuit says yes, sometimes. In the case of Alaniz v. U.S. Renal Care, Inc., No. 19040043, 2020 U.S. App. LEXIS 40266 (5yh Cir. 12.23.2020) (unpublished), Juan Alaniz was a Licensed Social Worker at a medical…

Every lawsuit has some small but critical detail. One critical element for any defense is the number of workers employed by the employer. If the Defendant employer wants to take advantage of the caps on damages, it must show the number of employees. In THF Management Houston Corp. v. Gideon, No. 14-18-01103-CV, 2020 WL 771332 (Tex. App. Amarillo 1/6/20201), the jury found for the employee and found she suffered discrimination. The jury awarded $225,000 in…

In a new decision on the issue, a federal judge in Chicago has ruled that reduced seating does amount to an “interruption” in business for purposes of insurance coverage. The insurance carrier, Society Insurance, had submitted a motion to dismiss the lawsuit. Judge Edmond Chang said capacity limits can constitute “direct physical loss” for “business interruption” policies. Society Insurance had argued that the tables, chairs, walls and floors remained in working condition. But, the restaurants…

In Union Pacific RR Co. v. American Railway & Airway Supervisors Assoc., No. 18-50110 (5th Cir. 12/16/2020), the Fifth Circuit reversed a grant of summary judgment in favor of the employer. A railroad employee, Roland Beltran, twice tested positive on a drug test. Aided by the union, he appealed to arbitration. He presented evidence that prescription drugs likely caused the false positive. The arbitration delivered a decision overturning Mr. Beltran’s termination. Union Pacific Railroad Company…