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
Discrimination
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…
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…
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…
Unemployment over 10%
Unemployment is now over 10%. First time since the early 1980’s. There are indications that the economy is improving. But, still, some employers will take this opportunity to get rid of some folks. Beware persons with disabilities, and others. Many employers view this as an opportunity to get rid of …
New Mexico Hispanics are not Immigrants
From a more sociological perspective, the San Antonio Express news agrees that requiring New Mexico employees to only speak English is wrong on many levels. See story. The Express news adds that New Mexico, of course, was Hispanic long before it became part of the US. According to the author, Ruben Navarrette, the employees…
English Only Rules Must Have a Clear Business Necessity
An employer can impose rules requiring that only English be spoken in the work place. But, an employer can do so only if there is a real, definable business reason for the rule. Most cases that have allowed such English-only rules were based on safety reasons. See post. Of course, no such rule could…
How to Get Sued in Four Easy Steps
This is how you get sued. You buy an old motel, start making a lot of changes, such as: 1) telling Hispanic employees to pronounce their Hispanic names in an Anglo sort of way, 2) telling the Hispanic employees to speak English in your presence, and 3) when they ask why, you tell them because…
ESGR Educates Employers About Guard/Reserve
Employer Support of the Guard/Reserve (ESGR) sends out a DVD to help employers mange their Reserve/Guard employees. Having served some 25 years in the Guard/Reserve, I am very familiar with ESGR. They did well for a Guard colleague some ten years ago. The colleague returned to his civilian job from a US Army school, but…
ADA Restoration Act will not Open the Floodgates
The local newspaper comments on the new ADA as if they just joined the debate. The regs will make changes, to be sure, but, the floodgates will not open. The new regs will correct decisions like the 1999 US Supreme Court decision, Sutton v. United Airlines. We need to remember that when Sutton was decided…