employment discrimination

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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Differences between racial discrimination claims under Title VII and Section 1981: Texas racial discrimination lawyer explains

Employment discrimination claims under Texas and federal law often require sorting through a web of statutory and administrative requirements. Many employment laws overlap. A set of facts of a Texas employee may provide several claims for employment discrimination due to the overlap. Maneuvering the overlap and setting up an employee for the best employment discrimination …

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Are EEOC complaints confidential in Texas? Texas employment lawyer explains

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 …

Are EEOC complaints confidential in Texas? Texas employment lawyer explains Read More »

EEOC hits Dunkin Donuts franchise for $330k in sexual harassment suit

Last week the EEOC settled  a Title VII sexual harassment and retaliation suit against multiple Dunkin Donuts franchises. The $330,000 settlement, which covers multiple employees, includes a multi-year training and oversight provision to avoid similar events in the future. The EEOC press release describes the events alleged in the lawsuit as follows: Hillcrest Marshall violated federal law by …

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Texas Supreme Court to hear TCHRA preemption case

The Texas Supreme Court has accepted a case out of the Dallas Court of Appeals that will give the state’s highest court the opportunity to expand or narrow its preemption doctrine on employment discrimination claims brought under Texas law. In 2009 the Texas Supreme Court rendered its opinion in Waffle House v. Williams that held …

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Can you be discriminated against for having a history of disability under the Americans with Disabilities Act?

Although the Americans with Disabilities Act (ADA) was enacted 1991, as an employment discrimination attorney I continue to see employees suffer discrimination on the basis of a disability. Sometimes discrimination is based upon a disability cured or treated and no longer presents an issue for the employee. Under the ADA and the Texas Labor Code’s prohibition …

Can you be discriminated against for having a history of disability under the Americans with Disabilities Act? Read More »

Can I take FMLA leave and leave under the ADA at the same time?

Sometimes an employee has a medical condition or disability that qualifies for FMLA leave and leave under the Americans with Disabilities Act (ADA) as a reasonable accommodation. The issue how to protect the employee’s job through protected leave under the ADA and FMLA is complicated. Each law provides a different set of rights to leave …

Can I take FMLA leave and leave under the ADA at the same time? Read More »

The McDonnell Douglas burden shifting framework: Texas employment attorney explains

Employment discrimination lawsuits are complex suits due to the intense focus on the facts and law involved. Many employment discrimination cases never make it trial because they fail to survive summary judgement. (Or because they settle at some point before trial.) In the journey of litigating an employment discrimination claim many reach summary judgment. Summary judgment is …

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Is a Texas firefighter who can’t fight fires disabled under the Americans with Disabilities Act?

Disability discrimination under the Americans with Disabilities Act and the Texas Labor Code (and formerly the Texas Commission on Human Rights Act or TCHRA) is not always a well understood subject in employment law. It is an even more difficult subject following the late 2000s expansion of the federal and state disability discrimination laws to …

Is a Texas firefighter who can’t fight fires disabled under the Americans with Disabilities Act? Read More »

Texas leads in age discrimination complaints

A Time magazine article published on February 16, 2015 discussed the falling numbers of EEOC age discrimination charges. It points out Texas leads in age discrimination complaints with 9.2% of all age discrimination complaints filed with the EEOC. The article suggests the incremental reduction in age discrimination complaints each year since the economy collapsed strongly suggests …

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Vocal Fry makes women less hirable. Is that employment discrimination?

A round of news articles published last week regarding a study conducted by Florida Atlantic University regarding what is called “vocal fry” and how it affects the perception of women in the employment context. If you’re not familiar with the term vocal fry, it’s the speech pattern by some women in which they talk in a …

Vocal Fry makes women less hirable. Is that employment discrimination? Read More »

EEOC lands $180,000 settlement with employer who fired an employee for eating chips

The headline sounds crazier than the facts behind this case, which involves a disability discrimination suit on a wrongful termination. The case arose in a California federal district court against the employer, Walgreens. (The case is EEOC v. Walgreens.) The case involves an employee who broke a workplace rule to avoid a diabetic shock and lost her …

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Racial harassment case recently decided by the Eleventh Circuit

Today’s post discusses an interesting case brought in Alabama under a racial harassment or hostile work environment case. This case is Adams v. Austal, U.S.A., LLC and the Eleventh Circuit’s appellate court’s decision is available here. The appeal deals with whether an employee may rely on evidence that the workplace was objectively hostile that he …

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Dress up like the KKK and sue for race discrimination

Yes, you read that correctly. Three Boeing employees transformed their work uniform into makeshift KKK uniforms and lost their jobs. Then they filed suit for race discrimination because their African American coworker did not lose his. Yes, you read that correctly, too. This is the backdrop for Barker v. The Boeing Company, filed in Pennsylvania. …

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Does an ADA accommodation have to be the one an employee wants?

The Americans with Disabilities Act and the Texas Labor Code require an employer to provide a reasonable accommodation to a qualified employee to assist the employee in performing the essential functions of the employee’s job and/or access the workplace. These federal and state laws require employers to engage the employee in an interactive process to …

Does an ADA accommodation have to be the one an employee wants? Read More »

Coworkers and Their Annoying Habits in the Workplace

An article published today by Ignites discusses the annoying habits of coworkers according to a poll of mutual fund employees. Although we’re not all mutual fund employees, the habits pointed out in the survey are the annoying habits you find across all industries. The worst of the worst was loud phone conversations. A lot of …

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Alcoholism and the Americans with Disabilities Act

Let’s consider two workplace scenarios: Employee is an alcoholic and comes to work drunk. Employer fires employee. Legal? Employee is an alcoholic and seeks time off from work to enter a rehab program. Employer fires employee. Legal? The answers under the Americans with Disabilities Act and the Texas Labor Code (which includes similar anti-disability discrimination …

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Dismissal Notice and Notice of Right to File a Civil Action

If you filed a charge of discrimination with the Texas Workforce Commission related to employment discrimination then at some point you are likely to receive a Dismissal Notice and Notice of Right to File a Civil Action. Often the reason selected in the notice will be: “The TWCCRD issues the following determination: Based upon its …

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Denton County prevails in racial discrimination appeal: Texas racial discrimination lawyer discusses

Back in 2012, several local Dallas, Fort Worth and Denton media outlets reported a racial discrimination suit involving a prosecutor at the Denton County District Attorney‘s office and her allegations that an assistant DA, much higher up the food chain, had made racially discriminatory remarks that constituted a hostile work environment. The trial court awarded …

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