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Age Discrimination

Are EEOC complaints confidential in Texas? Dallas 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 employment lawyer in Dallas or Fort Worth who can investigate and take action to protect the employee from employment discrimination and retaliation. Today's post discusses how information shared with the EEOC (or the Texas Workforce Commission) is protected and what is shared with the employer. Initial...

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Age discrimination the new EEOC focus? Seems so. Dallas age discrimination lawyer discusses

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 Age Discrimination in Employment Act (ADEA) passed in 1967. Although some champion this move for legal reasons, questions remain whether this move has a political purpose as well. [caption id="" align="alignright" width="235"] Commissioner Lipnic; courtesy of wikipedia[/caption] Age discrimination in employment Under Texas and federal law, it is...

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EEOC mediation and lawsuit settlement amounts in Dallas and Fort Worth, Texas

EEOC mediations and lawsuits often end in settlement of claims for employment discrimination in Dallas and Fort Worth, 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 EEOC or after filing a lawsuit but before trial. Settlements at these two stages happen at critically different stages of an employment discrimination claim so their settlement values are, collectively, different. We will discuss the average EEOC mediation or lawsuit settlement averages...

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Pleading standards, Texas agencies and employment discrimination claims with Fort Worth employment discrimination lawyers

Employment discrimination claims are highly technical at every stage of litigation. Federal law over the past fifteen years has laid out specific pleading standards for these claims that require significant detail in the original complaint to avoid a motion to dismiss for failure to state a claim (brought under Rule 12(b)(6) of the federal rules). State law in Texas tends to be less rigid, applying the fair notice standard, as opposed to the federal plausibility standard. Rule 91a Motions to Dismiss in Texas Wrongful Termination and Other Employment Discrimination Lawsuits In Texas we now have Rule 91a (state rule) that gives defendants...

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What is the statute of limitations to sue an employer in Texas? Fort Worth employment attorney explains

In Texas an employment lawsuit may arise under a combination of federal, state and local laws. This is true whether the lawsuit is for wrongful discharge, pay or benefits issues, discrimination, FMLA, or other employment claims. All forms of employment claims carry a limitations period. The statute of limitations is not universal for each of these claims. Technical procedural rules may determine the calculation of the statute of limitations to a particular employment claim. The best thing to do if you believe you have an employment claim is to contact an employment lawyer. Today's post will discuss some of the limitations periods for common employment claims. Wage/Pay/Compensation...

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Texas leads in age discrimination complaints: Dallas age discrimination lawyer

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 economic improvement. Even if we assume that the article's premise is true, we should be careful to confuse the larger trend with any meaningful suggestion that age discrimination on an individual basis is less likely to have occurred or that individual claims of age discrimination...

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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 party. It just means the EEOC decided whether there was probable cause to say unlawful discrimination occurred. Out of the 87,442 charges resolved, the EEOC mediated 10,221 charges and resolved 7,846 by mediation. However, just 133 charges resulted in litigation filed by the EEOC with 105 of those...

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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 the agency may assist you with asserting your rights against the employer. Should I hire a Fort Worth or Dallas employment attorney first? People considering filing a charge of discrimination often wonder whether they should talk to an employment attorney before talking to the EEOC or TWC....

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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. The employee must show the employer took some action that was adverse to the employee's continued employment. (The standard is somewhat different in hostile work environment claims where the employee claims co-workers harassed the employee.) Constructive discharge in hostile work environment claims in Texas Sometimes, however, the...

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Dallas employment lawyer: 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 or growing. Heck, even myspace is on the resurgence, particularly among teens. For employment lawyers, on both the employer and employee side, social media presents both opportunities and liabilities. Employment discrimination and social media It's a wealth of information available in litigation to learn details about a...

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