Legal Opinion · Concurring in part, dissenting in part

Brazoria County v. Equal Employment Opportunity Commission

Court of Appeals for the Fifth Circuit

Decided November 19, 2004No. 03-60709Published

1Concurring in part, dissenting in partPickering, Circuit Judge

I concur with the majority opinion that we have no jurisdiction of Knight’s cross petition. I also agree with the majority that GERA provides protection against retaliation and that the attempt of the defendant Christian to have the appellant Knight’s husband fired was properly before the EEOC. I do not agree, however, that the EEOC decision finding retaliation should be reversed. As to that part of the majority opinion, I respectfully dissent.

In order to make an appropriate decision as to the claim of retaliation, it is necessary to understand the factual background of this case. Knight…

2Cases cited8 opinions

  1. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  2. Equal Employment Opportunity Commission v. Commercial Office Products Co.Supreme Court of the United States · 1988
  3. Li Li Manatt v. Bank of America, NaCourt of Appeals for the Ninth Circuit · 2003
  4. Jean G. Mattern v. Eastman Kodak Company and Eastman Chemical Company, D/B/A Texas Eastman CompanyCourt of Appeals for the Fifth Circuit · 1997
  5. Lesley A. PARKINS, Plaintiff-Appellant, v. CIVIL CONSTRUCTORS OF ILLINOIS, INC., D/B/A the Helm Group, Inc., Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1998

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