Russell Cawyer, an attorney in Fort Worth, maintains an excellent employment law blog focusing on employer issues. Each winter he reposts a link to his list of key topics for employers to avoid creating bad situations at holiday parties. In light of his highly informative wish list for employers I wanted to write a complementary […]
Naughty or Nice: Don’t Lose Your Job at the Holiday Party Read More »
Transgender people are part of the LGBTQI community but when discussing employment discrimination, transgendered employees are treated very differently. In Texas, sexual orientation is not protected against employment discrimination by federal or state law. Only a handful of cities in Texas have passed ordinances that prohibit sexual orientation as a motivation for employment discrimination. Transgender-based
Transgender employment discrimination in Texas Read More »
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 »
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
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
What is cat’s paw liability in employment discrimination litigation? Read More »
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 »
Employers are permitted, and often encouraged, to establish a uniform dress code. There can be many reasons why an employer would want to establish a dress code. An employer might be concerned about workplace safety requiring safety gear, like goggles or gloves, clothing to prevent minor injuries, such as work boots or full length pants.
Dallas Employment Attorney on Employer Dress Codes 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 »
Sexual harassment in the workplace is basically three forms of activity: Requests for sexual favors in exchange for receiving positive effects to your job or preventing negative effects to your job; Unwelcome sexual advances; and Verbal and/or physical bullying based upon one’s sex or gender. Sexual harassment perpetrator can be a direct supervisor/manager, some other person
What is sexual harassment in employment? Read More »
Last week the Fifth Circuit Court of Appeals ruled in EEOC v. Houston Funding II, Ltd. that discriminating against employees on the basis of the need to express breast milk following the birth of a child violated Title VII’s prohibition on sex-based discrimination. The district court ruled firing based on lactation and breast pumping was
Fifth Circuit rules lactation discrimination is illegal sex discrimination Read More »