Texas Employment Law Blog

Texas Employment Law Blog

Employment Law and Discrimination Issues

Category Archives: Sexual Discrimination

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EEOC Updates Its Guidance on Pregnancy Discrimination – Questions and Answers

Posted in Pregnancy Discrimination, Sexual Discrimination
Earlier this month the EEOC issued Enforcement Guidance on pregnancy discrimination for the first time in over thirty years. The guidance suggests that the Pregnancy Discrimination Act’s (“PDA”) coverage may be much broader and provide workers much more protection than many employers previously thought. The Enforcement Guidance updates prior guidance on this subject in light of … Continue Reading

Car Dealership Pays over $2 Million to Settle Same-Sex Sexual Harassment Suit

Posted in Sexual Discrimination, Verdicts & Settlements
Pitre Inc., an Albuquerque car dealership, has agreed to settle a same-sex sexual harassment and retaliation lawsuit filed on behalf of over 50 workers for over $2 million dollars. In the lawsuit, the employees charged a former lot manager, under the direction of the dealership’s general manager, with subjecting a class of men to egregious … Continue Reading

Allegations of Pay Discrimination by Texas Attorney General Shine Light on Systemic Problem of Gender-Based Wage Disparity

Posted in Other Articles, Sexual Discrimination
Equal pay for women is in the spotlight of the Texas governor’s race, and figures from the Texas Attorney General’s office show most female assistant attorneys general make less on average than do men in the same job classification. The San Antonio Express News has published an analysis of the agency’s pay statistics and found … Continue Reading

Lackland Air Base Recruits Given Sexual Harassment Surveys

Posted in Other Articles, Sexual Discrimination
Recruits at Lackland Air Base were given anonymous surveys in October to determine if sex abuse continues to be a problem. The survey comes after the convictions of more than two dozen instructors in the last year.  The 150-question survey includes questions about whether a recruit has been subjected to sexual harassment by instructors. According to … 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

Texas Governor Perry Vetoes Bill Promoting Equal Pay for Women

Posted in Legislation, Sexual Discrimination
Last Friday Texas Governor Rick Perry vetoed HB 950, a bill to prevent wage discrimination against women. The bill had been passed through the Texas House and Senate with bipartisan support. The bill would have made Texas’ equal pay act more closely mirror the federal Lilly Ledbetter Act. Under federal law, the act’s 180-day statute of … Continue Reading

Open Letter to Texas Governor Rick Perry In Favor of HB 950 Fair Pay Bill

Posted in Sexual Discrimination
Dear Governor Perry:   Please sign HB 950 regarding equal pay.  Texas values stand for treating people equally and based on their merits regardless of gender.  Discrimination is wrong and helping make sure that people are paid based solely on their own merit means stronger Texas families.     HB 950 passed with both Republicans … 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

Equal Employment Opportunity Commission & DOJ Settle Allegations Against Two Texas State Agencies

Posted in Sexual Discrimination, Verdicts & Settlements
The Justice Department and the Equal Employment Opportunity Commission (EEOC) have reached a settlement with the Texas Department of Agriculture (TDA) and the Texas General Land Office (GLO) to resolve allegations that both state agencies discriminated against employees on the basis of sex, in violation of Title VII of the Civil Rights Act of 1964 … Continue Reading

Supreme Court Hears Arguments in Important Title VII Supervisor Liability Case

Posted in Sexual Discrimination
Previously, we noted here that the U.S. Supreme Court had granted certiorari in Vance v. Ball State University, et al. and agreed to decide who is a “supervisor” for the purposes of employer liability under Title VII. More specifically, the question presented is: Whether, as the Second, Fourth and Ninth Circuits have held, the Faragher … Continue Reading

Ex-Walmart employee awarded $1.4 million for harassment by manager

Posted in Sexual Discrimination, Verdicts & Settlements
Canada.com reports a jury on Wednesday awarded a former Walmart assistant manager $1.46 million — more than she had requested — for six months of mistreatment she suffered at the hands of a Windsor store manager three years ago. A Walmart lawyer, meanwhile, reportedly called the award “perverse” and said outside court that he believes … 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

Largest Military Sex Scandal in Nearly 20 Years Continues to Unfold in San Antonio

Posted in Sexual Discrimination, Verdicts & Settlements
The sex scandal that recently erupted at Lackland Air Force Base in San Antonio, Texas has had wide-reaching implications for those involved. Just this past month, Col. Glenn Palmer was removed from command of the 737th Training Group. According to the San Antonio Express-News, while a military spokesperson does not implicate Palmer in the scandal, … Continue Reading

Lifeguard Awarded $3.5 Million in Harassment & Retaliation Lawsuit

Posted in Retaliation, Sexual Discrimination, Verdicts & Settlements
 A federal jury in the District of Columbia has awarded $3.5 million to a former public pool lifeguard who says she was sexually harassed by a supervisor. The plaintiff claimed she was fired from her job at the Takoma Aquatic Center in 2006 after reporting the harassment to multiple supervisors. She claimed the firing, which … Continue Reading