In early 2024, the Equal Employment Opportunity Commission adopted Enforcement Guidance interpreting the proscription of Title VII against harassment based on several categories. The entire Guidance was the product of ten years of research and asking for public comments. It applied to harassment based on race, gender, disability, etc. It also applied to harassment based
A couple of weeks ago, the EEOC Chair, Andrea Lucas posted a video asking white males if they have suffered discrimination. If so, please report it to the EEOC. See NBC news report here. This is very unusual behavior for the EEOC. For decades, the EEOC has branded itself as neutral, not favoring employee
For no apparent reason, other than naked politics, Pres. Trump has fired two of the three Democrat appointed members of the EEOC Commission. The Commission decides EEOC policies and guidance. It is fairly normal for the EEOC to lack enough members for a quorum when a new administration first starts. But, in removing two pf
There was a lot of talk about Project 2025 in 2024. Now it is the year 2025. Project 2025, the book was published by the Heritage Foundation. Many of the authors were major players in the first Trump administration. Many of the book’s authors have been now appointed to the new Trump administration. Now, Mr.
In the recent US Supreme Court decision of Loper Bright Enterprises v. Raimondo, No. 22-451 (2024), the higher court overrules the decades long precedent in Chevron USA Inc. v. Natural Resources Defense Counsel, 467 U.S. 837 (1984). The Chevron decision had held that courts should allow deference to interpretations of statutes by expert
Many folks will ask me when they are experiencing serious trouble at work, can they simply quit? Things have become so bad at work that just have to leave. Some victims of job harassment will experience headaches, nausea while driving to work, and worse symptoms. I sympathize, but have to tell them that quitting may
In the decision of Apache Corp. v. Davis, 573 S.W.3d 475 (Tex.App. Hou. 2019), the court of appeals affirmed a jury verdict in favor of Cathryn Davis, a former paralegal at Apache Corporation. The jury found she had complained about gender discrimination and then suffered reprisal because of that opposition. The jury awarded her
All discrimination lawsuits start with the Equal Employment Opportunity Commission. By statute, all complaints of discrimination must be filed with the EEOC or a state equivalent agency. Since Texas has only one state equivalent agency in Austin, most folks have to start by filing a complaint with the EEOC. USA Today published an article discussing
Those of us who work with the Equal Employment Opportunity Commission know how difficult it is for folks to convey to the EEOC their complaints. The EEOC is always in a hurry. They do not always take the time necessary to understand an employee’s complaint. So, it is not surprising that in Apache Corp. v.
A no-Spanish rule is very problematic for any employer, but especially so in San Antonio. Yet, that is the rule allegedly imposed by the La Cantera resort. So, it is not surprising that La Cantera is settling the EEOC lawsuit against it for $2.6 million. La Cantera claims it did not have a no-Spanish policy.