O'DANIEL v. INDUS. SERVICE SOLUTIONS

No. 18-30136.

922 F.3d 299 (2019)

Bonnie M. O'DANIEL, Plaintiff-Appellant v. INDUSTRIAL SERVICE SOLUTIONS; Plant-N-Power Services, Incorporated; Tex Simoneaux, Jr.; Cindy Huber Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed April 19, 2019.


Attorney(s) appearing for the Case

Joseph Arthur Smith, III, Esq. , Smith Law Firm, Baton Rouge, LA, for Plaintiff-Appellant.

Timothy Hugh Scott, Esq. , Lawrence Joseph Sorohan, II , Attorney, Fisher & Phillips, L.L.P., New Orleans, LA, for Defendant-Appellee.

Anne Noel Occhialino , U.S. Equal Employment Opportunity Commission, Office of General Counsel/Appellate Services, Washington, DC, Omar Francisco Gonzalez-Pagan , Lambda Legal Defense & Education Fund, Incorporated, New York, NY, for Amicus Curiae United States Equal Employment Opportunity Commission.

Kenneth Dale Upton, Jr. , Omar Francisco Gonzalez-Pagan , Americans United for Separation of Church & State, Washington, DC, Gregory R. Nevins , Lambda Legal Education & Defense Fund, Atlanta, GA, for Amici Curiae American Civil Liberties Union Foundation of Louisiana, Incorporated, GLBTQ Legal Advocates & Defenders, Incorporated and Lambda Legal Defense and Education Fund, Incorporated.

Kenneth Dale Upton, Jr. , Americans United for Separation of Church & State, Washington, DC, Gregory R. Nevins, Lambda Legal Education & Defense Fund, Atlanta, GA, for Amicus Curiae National Center for Lesbian Rights.

Before JONES, HAYNES, and OLDHAM, Circuit Judges.


Plaintiff-Appellant Bonnie O'Daniel ("O'Daniel") sued her former employers Defendants-Appellees Industrial Service Solutions ("ISS"), Plant-N-Power Services ("PNP"), Tex Simoneaux, Jr. ("Simoneaux"), and Cindy Huber ("Huber") for firing her allegedly because of "the Plaintiff's sexual orientation [heterosexual] and...

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