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 […]
When can I sue for employment discrimination? Read More »
I was down in Cleburne, Texas this morning for a hearing on behalf of a client and decided to check out the scene of Cleburne’s most famous (or infamous) location, the property at the heart of the Supreme Court case City of Cleburne v. Cleburne Living Center. To very briefly explain the facts, in 1980
City of Cleburne v. Cleburne Living Center Read More »
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
Employment discrimination and job reinstatement Read More »
When Congress passed the ADA Amendments Act (ADAAA) in 2008, many said it would open the floodgates. Everything could become a disability. That hasn’t proven entirely true; but the ADAAA certainly expanded the scope of disabilities covered under the Americans with Disabilities Act. One issue is whether obesity qualifies as a disability under the ADA or ADAAA.
Is Morbid Obesity an ADA Disability? Read More »
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,
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
EEOC misses on criminal background check discrimination lawsuit Read More »
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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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
Employment discrimination still a widespread problem in Texas Read More »
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
EEOC New Anti-Discrimination Enforcement Priorities Read More »
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
If I am harassed at work, what should I do? Dallas employment lawyer Read More »
Discrimination still occurs in the workplace. Sometimes it’s people who find it difficult to treat other people with respect. Sometimes it’s people not realizing the effect of their actions on others. This is true not only of more recently acknowledged and prohibited forms of discrimination, such as disability discrimination, but also of traditionally visible forms
Does employment discrimination still occur in the workplace? Read More »
Discrimination in the workplace is prohibited when that discrimination is on the basis of one’s sex/gender, race, national origin, religion, age (if over forty), disability, pregnancy, genetic information and military service. Employment law prohibits it against both employees and job applicants. Employment discrimination on one of these classifications generally falls into two forms of conduct. This
Fort Worth Employment Attorney explains how employment discrimination occurs Read More »