Tough Love From the Fifth Circuit

Here's the choice lawyers for employees are presented with: Frame Fifth Circuit decisions as ideologically hostile or reframe those decisions as ones of tough love. In other words, either bemoan or adapt, says Michael P. Maslanka, an assistant professor of law at the University of North Texas at Dallas College of Law.

March 26, 2021 at 08:06 PM

6 minute read

Michael Maslanka

Conventional wisdom says the U.S. Court of Appeals for the Fifth Circuit is hostile to employment discrimination against plaintiffs, however, the actual truth is the Fifth Circuit is hostile to imprecise arguments, misaligned advocacy and conclusions in lieu of facts. Here are some recent examples of tough love from the Fifth Circuit.