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Cervantez v. KMGP Services Company Inc., No. 08-11196, Fifth Circuit Court of Appeals (September 16, 2009)

Articles Discussing Case:

Worker Fired For Violating Computer Policy Gets No Sympathy.

Ogletree Deakins • November 03, 2009
A federal appellate court recently rejected a lawsuit brought by a worker who was fired after his employer discovered that his password was used to access pornographic websites from a shared workplace computer. Finding that the trial judge correctly determined that the worker had failed to establish a genuine issue of material fact that would call into question his employer's legitimate, nondiscriminatory reason for the discharge, the Fifth Circuit Court of Appeals rejected the worker's age discrimination claim.