In recent years, remote and hybrid work have become a normal part of many employees’ lives. For some, it has offered flexibility, improved health, and a better work-life balance. But along with this shift has come a dangerous myth — that workers lose legal protections once they are out of the physical office. As Texas
As Halloween approaches, most of us expect a few harmless scares — maybe a jumpy horror movie or a haunted house. But for employees, there are far scarier things lurking in the workplace than ghosts and goblins. We’re talking about employer mistakes that can lead to legal nightmares — wage theft, discrimination, retaliation, and more.
Science indicates a problem – a HUGE problem – but big businesses, making big money, could not care less. Why should they when the law and the courts don’t hold them accountable? It is a system that is broken, and when the law refuses to step in, it remains that way.
There are many jobs
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
We are in the midst of the holiday season. As the holidays roll by, businesses everywhere are having their year-end holiday parties. Millions of people everywhere are going to restaurants, bars, and banquet halls to mix and mingle, to celebrate victories, and to close out the
It’s dark out there right now.
In Texas, it is judicial fact that women and people of color have less rights than they do almost anywhere else in the country. Regarding women, I am obviously talking about the Supreme Court’s ruling allowing the flagrantly unconstitutional 6-week
“I was told that my braids were unprofessional.”
“I was told to cut off my locs.”
“I was told that my hair doesn’t fit the ‘company culture.’”
Ladies and gentlemen, race-based hair discrimination is still alive and well in 2021, and Black employees are being told
On December 18, 2020, I published a blog all about 42 U.S.C. § 1981 (“§ 1981” or “Section 1981”) claims. I’m sure you remember it. It was pretty great, if I do say so myself.
But just in case, very briefly, § 1981 prohibits race discrimination
Let’s say you have been discriminated against based on your race, but either work for a company with less than 15 employees or are an independent contractor. You know that neither Title VII nor the Texas Labor Code applies to you. Is there any other protection? YES! The answer is 42 U.S.C. §1981.
Let’s say you are an employee of a company with 15 or more people, but that you didn’t hire a lawyer until well after the 300-day statute of limitations for Title VII to assert your race discrimination claim. Do you have any hope? YES! The answer is 42 U.S.C. §1981.
So, what is 42 U.S.C. § 1981?
42 U.S.C. § 1981 prohibits race discrimination and retaliation in the making and enforcing of contracts. It is meant to provide “broad and sweeping” protection against all race discrimination. Faraca v. Clements, 506 F.2d 956, 959 (5th Cir. 1975). According to the Supreme Court, the Civil Rights Act of 1866, from which § 1981 is derived, “was designed to prohibit all racial discrimination . . . with respect to the rights enumerated therein.” Jones v. Alfred H. Mayer Co., 392 U.S. 409, 422-36 (1968).Continue Reading Section 1981 prohibits race discrimination and retaliation in contracts, including race-based interference in contracts.
“In the complaint, the Plaintiffs allege that (a) they are members of a protected class; (b) they were subjected to intentional discriminatory treatment during their employment with SLU; (c) similarly situated white employees were treated differently; (d) they were terminated due to their race; (e) Gandolfo was subjected to unwelcome sexual harassment that was willfully
