employment discrimination Tag

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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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Differences between racial discrimination claims under Title VII and Section 1981: Dallas 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 Dallas or Fort Worth 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 claims is an important part of a Fort Worth and Dallas Texas employment lawyer's work. One type of employment discrimination with a high degree of overlap is racial discrimination. Race-based discrimination is prohibited under both federal and Texas law. (Sometimes local law as...

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

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 and overlap. Employers often get this issue wrong because they are unaware of ADA reasonable accommodation rules or do not understand that the ADA may apply to FMLA leave requests. HR departments may not be staffed with employees who thoroughly understand FMLA and ADA rights. They...

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The McDonnell Douglas burden shifting framework: Dallas employment discrimination lawyer 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 an analysis of the legal issues in a claim before a factfinder adjudicates the facts. In an employment discrimination suit alleging disparate treatment (different treatment on the basis of a protected trait), the plaintiff's claim of disparate treatment is typically reviewed on summary judgment under...

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Is a Texas firefighter who can’t fight fires disabled? Dallas disability discrimination lawyer discusses

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 include a larger swath of mental and physical disabilities and those regarded as disabled (even if not actually disabled). Disability meaning under Texas and federal employment law A Supreme Court of Texas opinion from 2014 articulates the distinction between what is a disability under the meaning of...

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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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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 job. Many employer-side employment lawyers thought this case would easily fall in favor of Walgreens. They were wrong. After the Equal Employment Opportunity Commission prevailed at summary judgment and won the right to take the case before a jury, Walgreens had a change of heart about...

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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. I couldn't pass up the opportunity to discuss one of the most bizarre employment cases I've ever seen. The case involves federal law so there's no different spin on the case under Texas law; but I thought I would present the case a little differently than other...

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