Section 1981 and Title VII are both federal laws in the United States that address workplace discrimination. While they share some similarities, there are notable differences between the two laws in terms of their scope, coverage, and legal requirements. Understanding these distinctions is essential for individuals who may be facing
FMLA violations
Death Star’s Force of Destruction
As most employment lawyers in Texas will tell you, we have the doctrine of at-will employment. At-will employment means that employees have very few protections in the workplace. At-will employment means that even after a 20-year career with a company, if new management comes in and decides to “shake things…
Collective Actions after Swales
Sometimes more than one plaintiff has the same claim against an entity. When that happens are there generally three ways such a case can be brought. One way is obviously to simply join all of the plaintiffs to the lawsuit. If there simply are too many, then the plaintiff can…
Toxic Relationships: When your ball and chain is your noncompete.
Sometimes breaking up can be hard to do, especially when the current relationship limits future prospects. Toxic relationships are emotionally draining. They can be the source of stress and anxiety; that stress and anxiety can result in health issues. They can result in a loss of independence; that loss of…
Houston, We Have a Problem: Understanding Hostile Work Environments and Employee Rights”
Within the past years we have seen a surge in awareness concerning workplace harassment and discrimination, but many workers still grapple with identifying and combating a hostile work environment.
Under Texas laws, a hostile work environment occurs when an individual or group of individuals’ actions or behavior creates an intimidating, offensive…
The Fifth Circuit has ruled that Texas Charter Schools are not arms of the State
Charter schools have become an increasingly popular alternative to traditional public schools in Texas and across the United States. But one question that has been raised is whether charter schools are considered arms of the state for, among other things, legal immunity purposes. In Texas, this question has been particularly…
Understanding the Difference Between an Independent Contractor and Employee
On January 5, 2023, the Federal Trade Commission has published a proposed regulation that would in essence bring non-competes to an end. Under this new law an employer would be prohibited from entering into an agreement with its workers “that prevents the worker from seeking or accepting employment with a…
March Madness Again! Discussing Student Athlete Compensation in Light of NCAA v. Alston
Have you been working on your March Madness bracket? I’m proud to announce that I’m participating for the first time in my life and chose brackets entirely based off of how unsettling each team’s mascot is. I’m really excited to see how this shakes out.
But such an exciting time for…
Is Pregnancy Protected Under the Americans with Disabilities Act?
There is a general understanding that the law affords certain protections for pregnant people in the workplace. Most notably, the Pregnancy Discrimination Act prohibits discrimination in the workplace on the basis of pregnancy, childbirth, or related medical conditions. The Pregnancy Discrimination Act was passed in 1978 as an amendment to Title…
Say Yes to the Dress…Code?
Discriminatory work dress codes are a contentious issue in many workplaces. Dress codes may unfairly target certain groups of employees based on their gender, race, religion, disability, or other personal characteristics. These dress codes can take many forms, such as: requiring women to wear high heels, dresses, or makeup; banning…