What does it take to show discrimination, if this is not enough? The best evidence to show discrimination is almost always what we call direct evidence. The "n" word, for example, is always good evidence to show racial prejudice. Using the term "old man" is very good evidence to show age bias. So, this case
The EEOC Means Well But….
Sometimes, management lawyers like to scare potential clients and sometimes, they are simply concerned. But, either way, they over-state the effect EEOC has. The EEOC means well, but they simply have too many cases to perform an actual investigation. Each investigator carries 75-80 cases per investigator. Their budget was cut way back in the 1980’s
Eight Ways to Lose a Noncompete Case
Eight ways to lose a non-compete case. See gruntled employees blog to see how an employer can lose a lawsuit regarding a former employee who has apparently violated a noncompete agreement. The post provides a nice summary regarding what to avoid.
Summary Judgment is Not Proper if the Employee has Some Evidence
To show same sex harassment, one must show: 1) the alleged harasser made explicit or implicit proposals of sexual activity and that the sexual harasser was homosexual, 2) the harasser was motivated by general hostility toward members of the same sex, or 3) direct, comparative evidence showing different treatment for members of the same sex
Ft. Worth Passes Anti-Homosexual Discrimination Ordnance
Is San Antonio far behind? Ft. Worth passed a broad anti-homosexual discrimination ordnance. The ordnance applies to transgender folks, as well as to gay or lesbian persons. This ordnance only applies to the city of Ft. Worth. This ordnance was passed in response to an incident at a gay bar where the police allegedly harassed
Genetic Information Nondiscrimination Act Takes Effect
The Genetic Information Nondiscrimination Act (GINA) takes effect Nov. 21. GINA prohibits discrimination based on genetic information. Among its provisions, it will prohibit insurance companies and employers from requesting family medical history from employees except for a few circcumstances. It will prohibit insurance companies from using family history information to set premiums or
Sexual Harassment Victim Gets Promotion
Cathy McBroom is headed back to Galveston with a promotion. See Texas Lawyer story. Ms. McBroom was one of the ladies complaining about Sam Kent’s sexual harassment. Judge Kent later accepted a plea bargain and is doing 33 months in a federal penitentiary. Ms. McBroom had been Judge Kent’s Case Manager. She was transferred
Independent Contractors Must not be Economically Dependent
Many employers seek to reduce cost by hiring independent contractors to perform some work. The employer does not have to pay benefits to an independent contractor. But, what is an independent contractor? The IRS uses one test to determine whether an employee is a true independent contractor and not just an employee under a
Privatization Presents Opportunity as Well as Risk
You’re a federal employer and you have some "dead weight" you want to get rid of. One method is to privatize your services. Privatization allows the federal employer to "abolish" all jobs within a given department and let the new company hire who it chooses. The new company can screen each employee and see who
Vets Day: This Generation has Heroes, Too
Today comes another Veteran’s Day. Many of us recall a grandfather who served or an uncle who endured. But, as Pres. Obama, noted, the same service we grew up hearing about occurs today, everyday. The 13 who died at Ft. Hood exemplify the thousands who have endured in this generation’s two wars.
CW2 (Ret)