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EEOC employment lawyers busy this month on employment discrimination

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 Fort Worth and Dallas represent employees in these types of employment discrimination lawsuits. The following is just the listing of the EEOC activity reported in the last ten days. This is a large number of cases for the employment discrimination agency. Although these are not all Texas employment discrimination cases, they reflect the larger activities of the EEOC. A review of these employment discrimination lawsuits by the EEOC...

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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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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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EEOC hits Dunkin Donuts franchise for $330k in sexual harassment suit: Dallas sex discrimination lawyer explains

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 subjecting female employees, some of whom were in their teens at the time, to sexual harassment by a store manager at one of its Dunkin' Donuts locations. For example, EEOC said, the store manager talked about his genitals, tried to kiss a female worker who was...

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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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Texas Supreme Court to hear TCHRA preemption case: Fort Worth employment lawyer explains

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 claims of sexual harassment in employment could only be brought under Chapter 21 of the Texas Labor Code, commonly referred to as the statute's original name Texas Commission on Human Rights Act. Under Waffle House a plaintiff cannot bring common law claims, such as assault, that...

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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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Sex discrimination victims not always women: Fort Worth sexual harassment lawyer explains

Last month the EEOC settled a sex discrimination lawsuit against restaurant chain Ruby Tuesday. The EEOC settled in the amount of $100,000. The suit alleged the employer discriminated against male employees by offering female employees more favorable employment opportunities. This case is a good example of gender discrimination against men. It breaks the stereotype that sex discrimination lawsuits always have female victims. Sex discrimination lawsuits and male victims In this lawsuit, the restaurant chain sent out a nine-state announcement of available temporary summer positions in the resort town of Park City, Utah which would have greater earnings and company-paid housing. The announcement declared...

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Transgender Employees and Restrooms in Texas: Dallas sex discrimination lawyer reviews the issues

This week the media reported on a story regarding a transgender woman and a confrontation at a Planet Fitness location. (You can read the HuffPo story or the Fox News story.) Member Yvette Cormier complained at her local Planet Fitness that a transgender individual was in the women's locker room. The company has a non-discrimination policy allowing members to use whichever locker room matches their self-identified gender. Cormier then proceeded to warn inform other women that there was a man in the locker room. Planet Fitness subsequently cancelled Cormier's membership. The transgender woman ]entered the locker room to put up her coat...

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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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