Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex, color, religion, race, and national (ethnic) origin. Other statutes prohibit discrimination based on age and disability. But, the statute does not apply to all businesses. An employer must have 15 or more employees for Title VII to apply. For the Age
Fifth Circuit Took Away Verdict for Plaintiff
The Fifth Circuit is a risky place to do business. Sometimes, it just reaches some strange conclusions. The case of Allen v. Radio One of Texas II, LLC, No. 11-20781, 2013 WL 703832 (5th Cir. 2/26/2013) illustrates the lack of predictability at the Fifth Circuit. In that case, Corina Allen worked at a radio
Fifth Circuit Finds Texas has Standing to Challenge EEOC Guidance
Well, I previously wrote about yet another frivolous lawsuit by the former Attorney General, Greg Abbott. But, then he actually won the suit on appeal. See my prior post here. The former AG sued the EEOC regarding enforcement guidance issued by the agency on criminal background checks. The case is State of Texas v.
Wayne Wright Agrees to Consent Decree in Pregnancy Discrimination Case
Wayne Wright, LLP, whose motto is the law firm demands “respect and justice” for its clients, was sued for pregnancy based discrimination in 2015. The EEOC filed suit after Kendra Taylor-Andrews filed a complaint with the EEOC. Ms. Taylor-Andrews had been employed by Wayne Wright in Houston since 2004. She received favorable performance reviews during
Litigation is not too Different from any Other Sales Pitch
I love the free enterprise system. But, it only works well if we are smart consumers. There are many sellers out there who will try to sell us things we do not need. My girlfriend was looking at a new car, recently. She asked for a breakdown of the total cost. She was quite surprised
Employer Can Require a More Healthy Workforce?
The health of workers will affect the amount an employer must pay for health insurance. The more ill a workforce is, the more the employer (and the employees) must pay for insurance premiums. That cost saving could lead to employers hiring only healthy workers. Or, it could cause employers to ask employees to take routine
EEOC Finds Evidence of Discrimination at City of San Antonio
Well, I guess it is going to snow this coming July, or at least in March. The EEOC has found in favor of an employee. They have found evidence of discrimination. Finding in favor of the employee may not be as rare as snow in July, but it does approach the rarity of snow in
Discrimination Cases Present Many Obstacles
Courtesy of creationc
Employment cases are exceedingly difficult, with numerous deadlines and traps for the unwary. We see some of these traps in the case of Prewitt v. Continental Automotive, No. 12-CV-582 (W.D. Tex. 8/28/2014). In this case, Larry Prewitt alleged that he had been terminated due to several reasons: race discrimination
Rejection by the EEOC Means Nothing
The EEOC received some 93,727 charges of discrimination last year. Locally, each EEOC investigator carries a case load of 75-95 cases per year. Those numbers indicate very little time is devoted to actual investigation. The open secret is that the EEOC conducts very few true investigations. Yet, many folks still think that when the EEOC
Loser Pays Winner’s Court Costs and, Sometimes More
courtesy of creation c
Yes, a plaintiff in an employment lawsuit can be hit with an award of attorney’s fees. In federal court, the losing party is almost always ordered to pay the other side’s court costs. And, yes, if the plaintiff is found to have filed a "frivolous" lawsuit, then