If a female employee is assaulted and harassed, can she sue for assault or for sexual discrimination or both? According to the Waffle House, Inc. v. Wiliams, 313 S.W.3d 796 (Tex. 2010) decision, she would have to sue under the Texas Commission for Human Rights Act for discrimination. Limiting the female employee to sex
Fourth Court Reverses Summary Judgment
Texas has a whistleblower statute. It applies only to government workers. In a recent whistleblower decision, the Fourth Court of Appeals here in San Antonio reversed a grant of summary judgment. In the case of Torres v. City of San Antonio, No. 04-15-00664 (Tex.App. San Antonio 12/7/2016), Lt. Torres worked for the City Fire
Proposal to Allow Employer Requirement for Genetics Test
Some of us are more likely to contract certain illnesses due to our genes. But, would we want our employer to know about those predisposed illnesses? Well, a bill proposed in Congress would allow your employer to ask that question. HR 1313 passed a vote in committee and is now before the whole House. It
Romo Retires from UTSA
I wrote about Ricardo Romo previously here. He was placed on leave from his position as president of the University of Texas at San Antonio. When he was first placed on leave, he pledged to clear his name. Now, he has decided to retire. He does not explain the entire situation but suggests he
Military Judge Refuses to Dismiss Charges
The colonel hearing the court martial of Bowe Bergdahl will not dismiss the charges against the young sergeant. He agreed the comments by then Candidate Trump were troubling. But, he would not agree they were so pervasive and unfair as to saturate the community and cause prejudice. See CNN news report. The lawyer for
Customer Objects to Mexican Ownership
Its a reminder that discrimination and prejudice is often just below the surface. A customer at a San Antonio restaurant left a racist note after he finished his meal at Di Frabo Ristorante Italiano. The restaurant lies in a wealthy area near the Dominion suburb. The customer left a note on his receipt: “The food
Travel Ban Endangers U.S. Troops
There are many issues with Pres. Trump’s travel ban. One important consideration is the risk it poses to U.S. troops serving in Iraq and Afghanistan. We still have several thousand soldiers in Afghanistan and a few hundred in Iraq. Add to that the thousands of U.S. civilians in support of the soldiers serving in those
Texas Court of Appeals Rejects Sabine Pilot Claim
Many employees find themselves in a real quandary when the employer asks them to commit an illegal or unethical act. Texas law protects a worker who is asked to break a criminal statute. But, some employees become so vexed about their situation that s/he goes to the media. That is what happened in Peine v.
Title VII Applies to Temporary Placement Agencies, Too
Many temporary placement agencies think they are immune from lawsuits for discrimination. That is not at all true. Both Title VII (42 U.S.C. Sec. 2000e-2(b) and Texas Labor Code Sec. 21.052 apply to temporary placement agencies. Both statutes specifically prohibit a temporary placement agency from referring a potential worker to a job based on discriminatory
Discussing a New Job is Not Soliciting Employment
Every employee owes his employer a duty of loyalty. An employee generally may not carry on a business that competes with his employer’s business. To do so is grounds for termination. But, what about an employee who is contemplating leaving his employer? Can he discuss his possible departure with co-workers? The court in In Re