Daily Labor Report®

Case: Wage & Hour/FMLA Retaliation (5th Cir.)

Sept. 1, 2020, 9:24 PM

The Fifth Circuit upheld a jury verdict rejecting pregnancy discrimination claims and medical-leave retaliation claims of three Memorial Hermann Health System workers who lost their jobs shortly after they went on leave following childbirth when their Texas clinic closed, because any trial errors were harmless. Although a former human resources representative wasn’t allowed to testify on whether the health system’s lawyers ordered her to search for the employee’s performance evaluations, which they argued were unreliable, the representative was permitted to otherwise testify broadly, so the workers had ample chance to put their theory that the performance reviews were a sham...

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