Age Discrimination Law

EEOC employment lawyers busy this month on employment discrimination (2017)

EEOC lawyers have had a busy September starting and settling employment discrimination lawsuits. The EEOC accepts charges of employment discrimination in Fort Worth and Dallas at the Dallas, Texas office. Employment lawyers in Texas represent employees in these types of employment discrimination lawsuits. The following is just the listing of the EEOC activity reported in […]

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Are EEOC complaints confidential in Texas?

Employees suffering employment discrimination often worry about the effects of reporting employment discrimination to the EEOC. This is especially true for employees who still work at the job where discrimination occurs. Retaliation for complaining about employment discrimination is a real and serious concern. This concern may lead workers to not contact the EEOC or an

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Age discrimination the new EEOC focus for employment discrimination litigation? Seems so.

Age discrimination is the new focus of the Equal Employment Opportunity Commission (EEOC) this year according to the  new acting chair of the EEOC, Victoria Lipnic. This is a surprising shift for the EEOC which targeted retaliation and novel issues over the past several years. This move towards age discrimination occurs with the fiftieth anniversary of the

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EEOC mediation and lawsuit settlement amounts in Texas

EEOC mediations and lawsuits often end in settlement of claims for employment discrimination in Texas, including wrongful termination. An important question for many employees filing employment discrimination claims with the EEOC is what they can expect in a settlement. Many employment discrimination complaints filed with the EEOC in Dallas settle either in mediation with the

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Can you count on the EEOC to file a lawsuit for you in Texas? Fort Worth employment lawyer discusses

The Equal Employment Opportunity Commission (EEOC) released its 2014 performance report recently with some disappointing results about how charges of discrimination (the employment discrimination complaints filed with the EEOC) resolve. Of the 88,778 private sector charges filed the EEOC “resolved” 87,442 of those charges. That does not mean a favorable result occurred for the charging

Can you count on the EEOC to file a lawsuit for you in Texas? Fort Worth employment lawyer discusses Read More »

Should I talk to an attorney before I go to the EEOC in Texas?

If you believe you are the victim of employment discrimination then in most cases you need to file a complaint with the EEOC or Texas Workforce Commission Civil Rights Division. This complaint is known as a charge of discrimination. A charge of discrimination invokes the agency’s power to investigate your claims. If they find probable cause

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Constructive Discharge and Supervisor Conduct in Texas: Fort Worth retaliation lawyer

When an employee claims an employer created a hostile work environment that resulted in a prohibited form of unlawful employment discrimination the employee must prove, among other things, that the employee suffered an adverse employment action. It is not enough that the employer was hostile towards the employee or that the employee found the workplace unpleasant.

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Social media and employment discrimination claims

A recent Pew Research poll indicates 73% of the U.S. population uses social media. It’s out there. There are so many social media outlets to choose from it’s difficult these days to find people not on multiple social media sites. Although Facebook may be suffering from a wave of withdrawal, other sites are maintaining their status

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I think I am being discriminated against at work what should I do?

If you believe you are being subjected to an illegal form of employment discrimination then you need to act quickly to preserve your claims. If you find that your workplace situation appears to fall into one or more of the types of prohibited discrimination then you should take the following steps: Dallas employment lawyer on employment discrimination

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Age Discrimination and Early Retirement Incentives

Employers who want to thin the herd of highly paid, older employees often offer early retirement incentive packages that trade off an increased pension benefit or severance package in exchange for an employee agreeing to voluntarily retire early. Early retirement is typically offered to a large number of employees before the company decides to engage

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Is “workforce modernization” code for age discrimination at work?

At the heart of a lot of age discrimination cases under the federal ADEA and state-level Texas Labor Code is an employer trying to modernize the business and employs age stereotypes to justify eliminating older workers. Employers in these cases want a “youthful appearance” or “faster” or “more energetic” or “more tech savvy” workforce. They

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When can I sue for employment discrimination?

Texas and federal discrimination law prohibit only certain types of employment discrimination. An employee may file a charge of discrimination or lawsuit on employment discrimination only for a trait protected by law. If your employer takes action against your job or compensation then you must show the employer did so because you have a protected trait. The traits

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Employment discrimination and job reinstatement

Often Texas employees who are victims of employment discrimination lose their jobs through either the employer’s direct efforts to terminate the employee or by the employer’s indirect efforts to harass the employee until he or she feels like there is no choice but to quit (this is known as constructive termination). In most cases, employees

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What to do if I am an employer and somebody is being harassed or discriminated against at work in Texas?

As a Dallas employment lawyer, I often write about what Texas employees should do to protect their rights but employers also play a role in ferreting out workplace harassment and discrimination. You might own a business or work in human resources and confronted with a situation where an employee alleges harassment or discrimination in the workplace. Obviously,

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My employer is offering severance in Texas. Should I sign the severance agreement?

Ultimately you will have to sign the severance agreement if you want the money or whatever benefit they offer; but that does not mean you should sign it without carefully considering the terms. There are basically three types of severance agreements with employers in Texas. I call them the “let’s just be friends” severance; the “business

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EEOC misses on criminal background check discrimination lawsuit

Last month I blogged about the EEOC’s new employment discrimination priorities, including the EEOC’s focus on criminal background checks. The EEOC argues criminal background checks of job applicants results in an illegal, discriminatory employment practice. EEOC suggests there is a discriminatory impact on minorities when criminal background checks are not a job necessity. The EEOC made it a

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What is cat’s paw liability in employment discrimination litigation?

Cat’s paw liability is the theory that when upper management elects disciplinary action, including terminations, based upon information provided by a lower level of management where the lower level manager took provided the information based on discriminatory animus, the discriminatory animus is inferred on upper management. Managers cannot use human resource procedures to discriminate in

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Employment discrimination still a widespread problem in Texas

The Equal Employment Opportunity Commission (EEOC), responsible for regulating against employment discrimination, reported several key cases in July 2013. EEOC’s reports discrimination in multiple forms, including: racial discrimination; sex discrimination; disability discrimination; religious discrimination; and age discrimination. Pro-employer groups continue to assert decreasing employment discrimination; but the ongoing anti-discrimination work of the EEOC and Texas

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EEOC New Anti-Discrimination Enforcement Priorities

The Equal Employment Opportunity Commission (EEOC) released its new Strategic Enforcement Plan (SEP) this spring that includes six key anti-discrimination priorities that the agency will be focusing on through 2016. These new anti-discrimination enforcement priorities reflect the intent to increase litigation as both a deterrent effect on employers to increase their anti-discrimination policies to prevent

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If I am harassed at work, what should I do? Dallas employment lawyer

In Texas, it is illegal for an employer to create a hostile work environment, or workplace harassment, on the basis of sex/gender, race, religion, age (over 40), qualified disability, national origin, ethnicity, or status as a current or veteran military service member. Discrimination laws prohibit more than just sexual harassment. Harassment leads to a hostile

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