Texas Employment Law Blog

Texas Employment Law Blog

Employment Law and Discrimination Issues

Category Archives: Race / National Origin Discrimination

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The Reader: Latinos Have Higher Rate of Job Accident Death, Wage Theft: Walks Like a Duck Edition, and Fifth Circuit Relaxes Retaliation Standard

Posted in Other Articles, Overtime Law, Race / National Origin Discrimination, Retaliation
Here are my Reader picks for today, September 16, 2014:  Latino Workers Dying at Higher Rates in Job Accidents-As Latino workers take on more and more of the nation’s toughest and dirtiest jobs, they increasingly are paying for it with their lives. Preliminary federal figures released last week showed that of the 4,405 U.S. workers killed on the … Continue Reading

Daily Read: Fast Food Workers: “No Soup for You!”, Paid Sick Leave in California, & A Mother/Law Professor’s Perspective on Ferguson

Posted in FMLA, NLRB, Race / National Origin Discrimination
Several times per week we bring you the best articles in employment law and related workplace HR issues. Here are our picks for today, September 4, 2014: Fast-Food Strike Today Across The Country - Union organizers running the campaign designed to secure $15 per hour wages for fast-food workers announced on Labor Day that fast-food employees will walk off … Continue Reading

Texas Loses Its Suit Against The EEOC Over Agency’s Criminal Background Check Guidance

Posted in Race / National Origin Discrimination
The fight rages on with regard to the EEOC’s position on hiring checks based on criminal backgrounds. In a very high profile cases addressing this issue filed against the EEOC by the State of Texas, Judge Sam R. Cummings of the U.S. District Court for the Northern District of Texas issued a decision in State … 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

EEOC Files Suit Against BMW & Dollar General for Use of Criminal Background Checks

Posted in Race / National Origin Discrimination
A BMW manufacturing facility in South Carolina, and the largest small-box discount retailer in the United States violated Title VII of the Civil Rights Act by implementing and utilizing a criminal background policy that resulted in employees being fired and others being screened out for employment, the U.S. Equal Employment Opportunity Commission alleged in two … 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

Supreme Court Agrees to Decide Supervisor Liability Under Title VII

Posted in Pregnancy Discrimination, Race / National Origin Discrimination
In Faragher v. City of Boca Raton, 524 U.S. 775 (1998), and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998), the United States Supreme Court decided that employers are vicariously liable for severe or pervasive workplace harassment on an employee by his or her supervisor. Currently, there is a circuit-split over who is a … Continue Reading

EEOC Guidance: Using an Individual’s Criminal History in Hiring Decisions May Violate Anti-Discrimination Laws

Posted in HR Management, Race / National Origin Discrimination
On April 25, 2012, the EEOC issued a new Guidance regarding the use of arrest and conviction records in the hiring process. The EEOC’s goal in issuing the Guidance is to ensure that arrest and conviction records are not used in a discriminatory way by employers in violation of Title VII of the Civil Rights … 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

Chicago Area Man Awarded $4.2 Million by Jury for Religious and Ethnic Harassment

Posted in Race / National Origin Discrimination, Verdicts & Settlements
A Chicago-area man was awarded $4.2 million in total damages Thursday from the Chrysler company by a federal jury who believed the company did not do enough to stop years of religious and ethnic harassment. According to the Rockford Register Star, the 60-year-old plaintiff filed the lawsuit against Chrysler in 2002. He is a pipe … Continue Reading

Verdict Report: Doctor Awarded $3.6 Million for Discrimination and Retaliation

Posted in Race / National Origin Discrimination, Retaliation, Verdicts & Settlements
UT Southwestern has been ordered to pay Egyptian-born doctor $3.6 million for discrimination and retaliation stemming from its 2006 constructive discharge of an Egyptian-born Muslim American citizen.  According to the Dallas Morning News, the jury took little time in deciding for the plaintiff in the case.   It is noted that the verdict may be … Continue Reading

Albertsons Pays $8.9 Million to Settle Race/National Origin and Retaliation Claims

Posted in Lawsuit Filings, Race / National Origin Discrimination, Retaliation, Verdicts & Settlements
Albertsons, LLC, a national grocery chain, will pay $8.9 million and furnish other relief to settle three employment discrimination lawsuits filed by the U.S. Equal Employment Oppor tunity Commission (EEOC), the agency announced today. The EEOC had charged Albertsons with race, color, and national origin discrimination and retaliation at its Aurora, Colo., distribution center. The … Continue Reading