Here’s a line to consider (with apologies to Shakespeare): “Now is the winter of our discontent/made glorious summer by the Fifth Circuit.” So true for once despairing plaintiff’s employment lawyers whose spirits are now lifted by a trio of pro-employee cases from the Fifth Circuit.

First off, a green light for “reputational” damages in Zamora v. City of Houston. Christopher Zamora is a Houston police officer who convinced a jury that he was retaliated against in violation of Title VII with a 10-day suspension for supporting a fellow officer’s (his father, actually) discrimination claim. His suspension resulted from alleged dishonesty during an interview in an internal investigation. While the suspension was overturned by an arbitrator, two assistant chiefs allegedly continued to publicly question his veracity. On appeal, the city used the “no harm/no foul” defense, noting that Zamora received a scheduled promotion to sergeant, was the recipient of various commendations, and was selected to participate in a prestigious training program. So, where’s the damage? The Fifth Circuit was unconvinced, noting that a reputation, once besmirched, arguably continues to harm an exonerated employee, especially when two top officials still harbored public doubts as to his veracity. (Guess it is true that people remember the accusation and not the exoneration.) Oh, and all the good things that Zamora received: “That [Zamora] is currently doing well within his new unit, however, does not mean that his future is not limited by the harm to his reputation.”

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