Fifth Circuit comes to Houston sitting at the Bob Casey United States Court House at 515 Rusk on the 11th floor in Courtroom 11D.
On Monday, January 31, 2011, at 9 a.m. at the Bob Casey United States Court House, 515 Rusk, Houston, Texas 77002, the Fifth Circuit will visit Houston. Alex Wathen will argue the case of Burnett v. Stewart Title where the issue is whether a debtor in bankruptcy is protected from employment discrimination in the initial hiring process. Arguments will start at 9 a.m. in courtroom 11D on the 11th floor which is the courtroom usually used when the Fifth Circuit meets in Houston a couple of times a year.
This case could have major ramifications for debtors seeking employment and will clarify the law for the entire circuit which consists of the federal courts in Texas, Louisiana, and Mississippi. It is undisputed that Section 525 of the Bankruptcy Code, which is Title 11 of the U.S. Code, prohibits any other form of discrimination other than in the initial hiring process. The dispute centers on two subsections of Section 525, (a) which applies to public employers contains the phrase “deny employment” and (b) which does not. Both subsections however contain a residual clause ”otherwise discriminate with respect to employment.” Alex Wathen argues that this clause would be rendered meaningless if it does not encompass original hiring decisions.
The panel hearing the case consists of Fifth Circuit Judges Carolyn Dineen King, Harold R. DeMoss, Jr., and Edward C. Prado.
