I wish I had a dollar for everytime this has happened here in San Antonio or especially across the country. A person came to see me who did not receive his "right-to-sue letter" from the EEOC. It was sent four months ago, but he just now found out about it. He contacted the EEOC to
One of the unique aspects of employment law is that many persons enter into the judicial system representing themselves. An old saying holds that a lawyer who would represent himself has a fool for a client. That is, someone who tries to represent himself will make many mistakes, because that person is too emotionally involved
I have written about this before, but it happens so often that it requires emphasis. As lawyers and a judicial system, some of us just do not "get" summary judgment. Summary judgment is not about who wins or loses, or rather, it should not be about who wins or loses the lawsuit. After all, if
Mediation is now a common part of any lawsuit. The EEOC has also embraced mediation. Mediation is the process by which a nuetral third person explores the possibility of settlement. When the EEOC performs mediation, it provides its own mediator. The EEOC mediators are not active investigators. Usually, at a mediation, the two parties remain
A recent case in the Western District of Texas illustrates the problems with EEOC deadlines. Under Title VII, a worker must file a complaint with the Equal Employment Opportunity Commission prior to filing any lawsuit. Once the EEOC completes its work on a "charge" of discrimination, the EEOC will issue the "right-to-sue" letter – which
Many times an employer’s stated reasons for an unlawful discharge will change over time. The first occasion an employer offers its reasons is when it fires the employee. But, often, a supervisor will not provide any reasons at the termination. Or, there may not be an actual face-to-face meeting when the employee is terminated. The
Coach Bev Kearney, the former track and field coach for the women’s team at the University of Texas, was forced out in 2012. It was discovered that she had once had a relationship with a student-athlete in 2003. According to her lawyer, Derek Howard, UT has a culture allowing such relationships. Mr. Howard claims they
My colleague and friend, Chris McKinney has mentioned a settlement by The Scooter Store. The Scooter Store, based in New Bruanfels, Texas, settled a case filed by the EEOC for $99,000. The EEOC represented James Sherman, a manager who sought accommodation for his disability. Mr. Sherman suffers from psoriatic arthritis and needed a temporary leave
A federal court here in San Antonio has found in favor of employees who sued AA Foundries. i first wrote about the lawsuit here. A manager was accused of using the n- word frequently. A hangman’s noose was found in the breakroom. The Equal Employment Opportunity Commission filed suit on behalf of four former
Jurors in San Antonio federal court rejected an African-American’s claim that she was subjected to discrimination. The EEOC represented Mary Johnson in her suit against A.A. Foundries, makers of components for water wells. The employee had a picture of a noose she was exposed to, but that was not enough for the jury. The plaintiff