In a recent decision, the Fifth Circuit has suggested an odd practice. In Bunker v. Dow Chemical, No. 24-20046 (%th Cir. 8/7/2024), Ms. Bunker filed her EEOC charge, but she did not check the block at the top for “FEPA.” It is important to check that block to indicate you, as the Charging Party
We see a lot of discovery issues regarding electronic data, these days. For example, many employers use cameras inside the place of employment. What if those cameras record alleged conduct that leads to termination? The court in EEOC v. Chipotle Mexican Grill, 98 F.Supp.3d 198, 2015 US LEXIS 42187 (D. Mass. 3/30/2015) addressed such
People file complaints with the Equal Employment Opportunity Commission everyday. In the 2011 fiscal year, some 9,900 charges were filed in Texas. The charge starts with a questionnaire filled out by the employee. An EEOC worker then prepares a charge for the complainant based on the questionnaire. In theory, the complainant would review the proposed
When faced with harassment of any sort, an employee should complain about it. That bit of advice seems obvious. But, if you are a single mother, or if you simply like your job other than the harassment, that advice is not so simple. Ruth Piller worked as a lawyer at a large Houston law firm.
Most employees who come see me have thought twice, three times, even 20 times before they decide to file a complaint, or worse, file suit against the employer. In his blog, Michael Maslanka cautions employers to think twice before going into "fight" mode when an employee files an EEOC charge or even a lawsuit.
Clients often have the strangest notions. They actually think that if the law says something, then the employer must do what the law says. I have to break the news to them: employers can ignore the law. Yes. Employers can ignore the law if they do not mind the consequences. Employers do it all the