Employment Law

EEOC misses on criminal background check discrimination lawsuit

Age Discrimination Law, Disability Discrimination Law, Racial Discrimination Law, Religious Discrimination Law, Sex Discrimination Law

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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Tenth Circuit opines a writing is not automatically proof of discrimination–Texas employment lawyer explains

Sex Discrimination Law

In Anderson v. Cato Corp. the plaintiff Cynthia Anderson alleged Cato Corporation discharged her by discriminating against her for pregnancy. Anderson was a part time employee of Cato who became pregnant. As the pregnancy progressed she came to a point where her doctor ordered her to extended bed rest. As a part-time employee, she was not entitled

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

Age Discrimination Law, Disability Discrimination Law, Employment Litigation Attorneys, Racial Discrimination Law, Religious Discrimination Law, Retaliation Law, Sex Discrimination Law

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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Nothing is private on the internet–Texas employment lawyer

Divorce Law, Employment Litigation Attorneys

Once upon a time the internet was a shady place because everybody was anonymous. Personal email accounts were usually something like Awesomeblossom43598@aol.com and most interactions online came through similar pseudonyms. Then came social media (Friendster, followed by MySpace) and people realized the need for more professional private email accounts led to people self-identifying themselves online

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Employment discrimination still a widespread problem in Texas

Age Discrimination Law, Disability Discrimination Law, Employment Litigation Attorneys, Racial Discrimination Law, Religious Discrimination Law, Retaliation Law, Sex Discrimination Law

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

Age Discrimination Law, Disability Discrimination Law, Racial Discrimination Law, Religious Discrimination Law, Retaliation Law, Sex Discrimination Law

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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Should I be concerned about 401k fees?

1 Comment / Employment Benefits Law, Employment Litigation Attorneys, Retirement Plan/401k/Pension

401k fees have come into focus as one of many ways the financial services industry leeches money from the investors. That focus turned into litigation by participants against their plans (and plan service providers). Eventually the Department of Labor instituted fee disclosure rules that require plan service providers to break down fees charged to the

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If I serve in the military what rights do I have to my civilian job?

Employee rights lawyer, Employment Litigation Attorneys, Retaliation Law

In 1994, following the first war with Iraq, the federal government enacted the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) to protect the civilian jobs of uniformed service members. The purpose of this law is to protect service members who perform both short term service, such as reservists who commit a weekend

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Employment Attorney explains: When can I take a 401k loan?

Employment Benefits Law, Retirement Plan/401k/Pension

401k loans allow you to borrow against your 401k account tax-free (as long as you pay it all back). The loan payments typically occur by payroll deductions. If considering a 401k loan you should carefully consider he loan terms and the ramifications. Your employer does not have to offer 401k loans and can severely limit

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Retirement Plan Participant Disclosures

Employment Benefits Law, Retirement Plan/401k/Pension

By now you received fee disclosure statements on your 401k, ESOP, 403(b) and profit sharing plans. These fee disclosure statements, known as 404a5 Participant Disclosures, ensure these retirement plans provide plan participants with a minimum amount of information about the fees charged by plan investments and fees paid by the plan (often from those investment fees)

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

1 Comment / Age Discrimination Law, Disability Discrimination Law, Racial Discrimination Law, Religious Discrimination Law, Sex Discrimination Law

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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Can my boss fire me or write me up for talking to other employees about my pay?

Employee rights lawyer, Wage & Hour Lawyers

No, although many employers continue to present this as a written or unspoken rule. Employers generally do not want you to share your salary, hourly wage, or bonus numbers with your colleagues. They fear those who make less will demand more pay. The National Labor Relations Act protects your right to discuss conditions of your

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