The question arrises in many discrimination cases how far back can the plaintiff go in presenting relevant evidence? Title VII itself provides that a complainant must file his/her complaint within 300 days of the act of discrimination. Can the plaintiff present evidence of harassing conduct before that 300 days started? Yes, of course. The theory
sexual harassment
Texas Supreme Court Overrules Decision on Same Sex
Well, the San Antonio court of appeals recognized same sex harassment in Alamo Heights ISD v. Clark and now the Texas Supreme Court has overruled that decision. This has long been a difficult area of law for courts. In the federal court system, the Supreme Court reached a compromise of sorts. It recognized that harassment…
Bill O’Reilly Settlements to Become Public
Incredibly, it appears the settlements concerning Bill O’Reilly and his sexual harassment required his victims to lie about the evidence. According to a CNN report, a settlement agreement with Andrea Mackris, a former Fox News producer, required her to lie even under oath by referring to the allegations as “counterfeit” or as “forgeries.” According to…
Anatomy of a Discrimination Lawsuit
One of the many challenges with every employment case involves which judge hears the lawsuit. If the wrong judge is assigned to a given lawsuit, the chances of prevailing diminish. Lauren Browning learned this when she filed a lawsuit in 2005 alleging she was discriminated against on the basis of her gender at Southwest Research…
Sexual Harassment Cases are Often Dismissed
Yes, sexual harassment cases are often rejected by the courts, i.e., by the judges. Over the past several years, the courts have developed a test for just how bad the harassment is (or is not). The legal term is “severe or pervasive.” The harassment must be severe or pervasive. See my prior posts here and…
Celebrity Chef Accused of Sexual Harassment Incidents
The “outing” of celebrity sexual harassers continues. John Besh, the celebrity chef from New Orleans, has admitted to an improper sexual relationship. A female employee filed a complaint with the Equal Employment Opportunity Commission alleging he pressured her for a relationship. The New Orleans Times Picayune has reported that 25 current or former female employees…
Bolling Out at Fox News
So, Eric Bolling is out at Fox News. Yet another Fox News personality is gone due to allegations of sex harassment. See CNN news report. I previously wrote about Mr. Boling’s troubles here. Mr. Bolling was accused of sending lewd text messages to several female co-workers.
The Fox News boys club may be
Texas Supreme Court to Hear Sexual Assault Case
The Waffle House, Inc. v. Williams, 313 S.W.3d 796 (Tex. 2010), decision was issued a few years ago. In that decision, the Texas Supreme Court decided that a lawsuit based on a tort claim of sexual assault was actually subsumed by the Texas Commission on Human Rights Act. I wrote about that decision here…
Fox News Sued for Sexual Harassment
So, now, Fox News itself has been sued for sexual harassment. Former Fox News host Andrea Tantaros has sued her former employer, saying Roger Ailes and Bill O’Reilly harassed her. She describes Fox News as a sex-fueled, Playboy mansion like place to work. In her suit, Ms. Tantaros claims she was in Mr. Ailes’ office.…
Trumps Oppose Sexual Harassment, Mostly
Donald Trump’s pronouncements are like a broken record, one after another. He recently said that women who are harassed at work need to change jobs or careers. He said nothing about the possibility that, oh by the way, maybe we should enforce laws prohibiting sexual harassment. He questioned the women who are accusing Roger Ailes…