In a recent settlement with the EEOC, Sears Roebuck agreed to pay $6.2 million to resolve claims made by persons with disabilities. Sears also agreed to enter into a consent decree, which means Sears agreed to perform many other non-monetary tasks in settlement of the claims. The EEOC represented persons with disabilities who had worked
Physical Attractiveness Suggests Gender Based Discrimination
One of my first jobs was waiting on tables. I envied the female waitresses because they often scored better tips simply because they were attractive. The women knew that. They generally accepted that fact and used it. But, what if the employer told the waitresses, as some do to put on more makeup and look
Big Law is Sued for Discrimination
Many non-lawyers expect lawyers to follow the law. Not always. In one recent lawsuit, for example, a major law form was sued by the EEOC for age discrimination. The employee claims in this lawsuit that his law firm, Kelley Drye, provides in its partnership agreement that if a partner wishes to continue working past
Vacation + Miracle Seeking does not = FMLA Coverage
You gotta love these stories, sometimes. An employee goes back to her home country, the Phillipines with her husband for seven weeks. They visit family, friends. The husband is disabled. They visit a miraculous Catholic church, known for its healing abilities. The wife pushes her husband’s wheel chair, comforts him, provides psychological counseling, helps with
English Only Rules Spark Controversy
English only rules always bring controversy, even at a bookstore in New Haven, Connecticut, very near Yale university. The EEOC generally frowns on such rules, but allows them for "business necessity." In this case, the book store is essentially claiming the customers are uncomfortable with employees speaking Spanish. Does the comfort of customers count
11th Circuit Overturns Prior Ruling
The 11th Circuit Court of Appeals rendered a good decision on a sex harassment case. Reeves v. CH Robinson Worldwide. The latest version is an en banc decision overruling the result by an earlier 11th Circuit three judge panel. An en banc decision means all the judges of the Court participated
San Antonio ML King Day March One of the Largest in the Country
100,000 attend the Martin Luther King Day march held ever year here in San Antonio. Mayor Julian Castro says it is because our significant Hispanic population identifies with the civil rights struggle that King epitomizes. We were fortunate here not to have the clashes and strikes in the 60’s and 70′ seen elsewhere during the
Discrimination Laws in Texas
“Title VII” “Texas Commission on Human Rights Act” “EEOC” “Civil Rights Division” “Americans with Disabilities Act” “Age Discrimination in Employment Act”
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EEOC Statistics Show Continued High Numbers of Charges
EEOC statistics have been released. Total charges for FY 2009 were 93,277. That number is down slightly from FY 2008 when a total of 95,402 charges were filed. But, recall that prior to 2008, the EEOC had never received more than 90,000 charges. The previous highest number was 84,000 in one year. The
ADA Retaliation Claimant not Entitled to Compensatory, Punitive damages
The Ninth Circuit joins the Seventh Circuit in finding that an employee suing for retaliation under the Americans with Disabilities Act is not entitled to compensatory damages or punitive damages. Alvarado v. Cajun Operating Co., No. 08-15549 (9th Cir. 12/11/09). The court also ruled that a jury is not available. See brief discussion