Michael Lombardino

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Can Employers in the Fifth Circuit Be Liable for Retaliation Under Title VII When the Decision Maker Had No Retaliatory Motive?

In Zamora v. City of Houston, 14-20125 (Aug. 19, 2015), the Fifth Circuit joined the Sixth, Eighth, and Tenth Circuits in holding that the “cat’s paw” theory of causation can also be utilized in Title VII retaliation cases, which require proof of “but for” causation between the retaliatory sentiment or animus and the adverse employment … Continue Reading

Who Is Houston’s New “HERO”? Houston City Council Passes Sweeping Equal Rights Ordinance

***UPDATE*** Houston’s controversial equal rights ordinance (commonly referred to as HERO) failed by a wide margin on Tuesday. Houstonians rejected the proposition by a vote of 61% to 39%. Largely conservative opponents pursued an ad campaign arguing that the ordinance would allow sexual predators dressed as women to enter women’s bathrooms, locker rooms and showers. … Continue Reading

Has the Fifth Circuit Opened the Door for Potential Liability of Staffing Companies?

In Burton v. Freescale Semiconductor Inc. and Manpower of Texas, LP, No. 14-50944, — F.3d —-, 2015 WL 4742174 (5th Cir. Aug. 10, 2015), the Fifth Circuit reversed the district court’s grant of summary judgment for two employers in a staff-leasing/joint-employer relationship. The Fifth Circuit’s New Test for Staffing Company Liability. In Burton, the Fifth … Continue Reading