Texas Employment Law Blog

Texas Employment Law Blog

Employment Law and Discrimination Issues

Category Archives: Age Discrimination

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Wilson v. Cox – DC Circuit Denies Summary Judgment and Emphasizes Importance of Jury

Posted in Age Discrimination, Trial Practice & Litigation Issues
Courts sometimes get confused about who in the court system is supposed to decide whether an adverse employment decision was taken because of the employee’s protected class (age, race, gender, etc). That decision belongs to a jury. Let’s say that again because it is something that has been increasingly forgotten by some judges: That decision belongs … Continue Reading

Yes, Posting About Your Settlement on Facebook Probably Violates Your Confidentiality Agreement

Posted in Age Discrimination, Trial Practice & Litigation Issues
A story out this week emphasizes the importance of complying with confidentiality language found in your settlement agreement. A Florida teenager’s ill-advised Facebook post has cost her father the $150,000 he had won in a legal settlement. In this case a daughter bragged on her Facebook page a few days after her father reached a … Continue Reading

Federal Judge: Anti-Discrimination Laws Have Been “Gutted”

Posted in Age Discrimination, Disability Discrimination, FMLA, Pregnancy Discrimination, Race / National Origin Discrimination, Retaliation, Sexual Discrimination, Trial Practice & Litigation Issues
As we prepare to celebrate the fiftieth anniversary of the March on Washington and the passage of the Civil Rights Act of 1964, that law has been gutted. This seems to be the growing consensus among academics, employment attorneys and judges. Harvard Law School professor and former federal judge Nancy Gertner writes about the sad … Continue Reading

“Big Data” Could Create Big Discrimination Problems

Posted in Age Discrimination, Disability Discrimination, FMLA, HR Management, Pregnancy Discrimination, Race / National Origin Discrimination, Sexual Discrimination, Social Media
According to Microsoft principal researcher Kate Crawford, personal data harvested by marketers is growing so vast and far reaching that it is threatening to unleash a new wave of digital discrimination, one that ordinary people won’t even be able to see happening. Combining the troves of information collected by retailers, mobile carriers, Internet companies and … Continue Reading

The Death of the Jury Trial in Federal Court

Posted in Age Discrimination, Disability Discrimination, FMLA, Lawsuit Filings, Pregnancy Discrimination, Race / National Origin Discrimination, Retaliation, Sexual Discrimination, Trial Practice & Litigation Issues
Came across this article over the weekend by Lynne Bratcher.  Lynne is one of the greatest employee-side attorneys in the country. In her article she laments the fact that federal jury trials are all but a thing in the past.  Unfortunately she is right. According to this article in the National Law Journal in 1962, 11.5% of … Continue Reading

Employees: HR is NOT Necessarily There to Help You

Posted in Age Discrimination, Disability Discrimination, FMLA, HR Management, Noncompete Law, Overtime Law, Pregnancy Discrimination, Race / National Origin Discrimination, Retaliation, Sexual Discrimination, Unemployment & COBRA, Wage & Hour Law, Workers Compensation Discrimination, Workplace Injuries
A good article by Alison Green last week discussing the difference between what many employees believe is the role ofHR and the reality of what function actually serves in a company. Here are her main points: HR isn’t there to be your advocate.  HR isn’t obligated to keep what you tell them confidential, even if you ask them to. … Continue Reading

Courts Continue Chipping Away at Employees’ Rights

Posted in Age Discrimination, Disability Discrimination, FMLA, Legislation, NLRB, Noncompete Law, Overtime Law, Pregnancy Discrimination, Race / National Origin Discrimination, Retaliation, Sexual Discrimination, Wage & Hour Law, Workplace Injuries
Thanks to the near death of organized labor, pro-big business decisions by activist anti-employee courts and some creative lawyering on the part of employers, employees’ rights continue to be slowly chipped away in this country. While there is naturally an imbalance of power between employers and their employees, the recent poor economy and these employment … Continue Reading

More Lawsuits on the Way Because Companies Are Still in Denial About Discrimination in the Workplace

Posted in Age Discrimination, Disability Discrimination, HR Management, Pregnancy Discrimination, Race / National Origin Discrimination, Sexual Discrimination
In the article, In denial: Corporate America’s blindness to gender discrimination the author, Jonathan A. Segal, makes some good points regarding the continued presence of gender discrimination in the workplace. The article points out that business risks, just like legal risks, come hand-in-hand with gender discrimination. “How can a company expect to survive, let alone thrive, if … Continue Reading

Straight Talk on Harassment from EEOC Regional Attorney, Robert Canino

Posted in Age Discrimination, Disability Discrimination, Race / National Origin Discrimination, Sexual Discrimination
The EEOC has released a series of helpful videos regarding various issues relating to discrimination in the workplace but they can be a little difficult to locate so we thought we would start posting them here as well.  This week EEOC Attorney, Robert Canino, discusses some important issues relating to harassment in the workplace.   … Continue Reading

Reading: A Critique of the Stray Comment Doctrine in Employment Discrimination Law

Posted in Age Discrimination, Disability Discrimination, Pregnancy Discrimination, Race / National Origin Discrimination, Sexual Discrimination, Trial Practice & Litigation Issues
 Reading a recent article authored by Kerri Lynn Stone and published by Florida International University’s Legal Studies Research Paper Series.  The article discusses the growth of the so-called "stray-remarks" doctrine from a its beginning as a relatively narrow idea to its current state – a tool used too often to ignore summary judgment evidence and … Continue Reading

Texas Leads The Nation In EEOC Charge Filings

Posted in Age Discrimination, Disability Discrimination, HR Management, Lawsuit Filings, Pregnancy Discrimination, Race / National Origin Discrimination, Retaliation, Sexual Discrimination
This blog’s humble author is quoted in a Law360 story today about the dubious distinction Texas has as the state responsible for more EEOC Charge filings than any other state: "More federal workplace discrimination charges were filed in Texas than in any other state in 2011, with 10 percent of all charges nationwide lodged there, … Continue Reading

Martin Luther King, Jr.

Posted in Age Discrimination, Disability Discrimination, HR Management, Pregnancy Discrimination, Race / National Origin Discrimination, Retaliation, Sexual Discrimination
"This is not a black holiday; it is a people’s holiday," — Coretta Scott King, Nov. 2, 1983.  A Baptist minister, King became a civil rights activist early in his career. He led the 1955 Montgomery Bus Boycott and helped found the Southern Christian Leadership Conference in 1957, serving as its first president. King’s efforts … Continue Reading

Age Discrimination: EEOC Sues Texas Roadhouse

Posted in Age Discrimination
The EEOC has filed suit against the Texas Roadhouse Restaurant franchise, alleging that the business intentionally discriminated against older workers (those over 40 years old) in its hiring practices.  The company allegedly rejected applicants for jobs as waiters and bartenders by telling them things like, "We think you are a little too old to work here." It … Continue Reading

Toyota Dealership Sued by EEOC for Age Discrimination in San Antonio

Posted in Age Discrimination, Lawsuit Filings
The EEOC has filed a federal lawsuit, charging Universal Toyota with age discrimination, claiming it refused to allow salespeople older than 40 to sell Scions — a vehicle typically sold to younger drivers. Universal Toyota is part of San Antonio billionaire Red McCombs’ dealership chain.    In the lawsuit, the EEOC seeks unspecified back wages, including … Continue Reading

Maslanka on the “Face-Slap Standard” in Failure to Hire / Promote Cases

Posted in Age Discrimination
My good friend Mike Maslanka has an excellent post up this week analyzing the Fifth Circuit’s stringent standard in failure-to-hire/promote cases.  Most recently, in Moss v. BMC Software, Inc., the  Fifth Circuit rejected the age-based failure-to-hire claim of a 68-year-old applicant who was passed over for a job in favor of a less-qualified younger substantially … Continue Reading

EEOC Getting $20+ Million Dollars to Reduce Case Backlog

Posted in Age Discrimination, Disability Discrimination, Legislation, Pregnancy Discrimination, Race / National Origin Discrimination, Retaliation, Sexual Discrimination
The Equal Employment Opportunity Commission is looking at getting an extra $23 million dollars to help tackle the growing backlog of cases at the at the agency.  According to the National Law Journal, the 2010 omnibus appropriations bill, passed by the U.S. House of Representatives on Dec. 10 and by the Senate on Dec. 13, would … Continue Reading

EEOC Holding Public Hearing Next Week on Age Discrimination

Posted in Age Discrimination, HR Management
The EEOC has scheduled a public hearing Wednesday, July 15, 2009, at 10 a.m. (Eastern Time), at agency headquarters, 131 M St, NE, Washington, DC., to discuss age discrimination in employment. In a release, the agency states that, in light of widespread layoffs, a significant spike in age discrimination charges, threats to employee benefits, and controversial … Continue Reading

President Obama Selects Sotomayor for Supreme Court

Posted in Age Discrimination, Disability Discrimination, HR Management, Race / National Origin Discrimination, Sexual Discrimination
 According to reports, President Obama has chosen Judge Sonia Sotomayor of a Federal Court of Appeals based in New York as his nominee for the Supreme Court.  If confirmed, she will become the Court’s first Hispanic Justice.   Judge Sotomayor as authored numerous opinions on civil rights and employment law issues.  Recently her opinion in Ricci … Continue Reading