One of the elements of every retaliation claim is that there must be a “causal link” between the employee’s protected activity and the adverse action. In previous blogs I have talked about the standard for determining whether a materially adverse action has occurred. In this blog, I would like
Employee Rights
Weight Discrimination Legislation on the Rise
A category of discrimination that does not yet have federal protection is discrimination on the basis of weight. Weight discrimination in the workplace is quite prevalent but remains unprotected nearly everywhere in the U.S. One troubling 2023 survey by the Society for Human Resource Management revealed that half of…
The Law on Love
Valentine’s Day is a tricky day in the office. It’s a day that is about celebrating love when the office is often expressly not. This then makes the question “how can I safely celebrate” more important. Thankfully, this situation has laws that can help navigate this time.
Since February…
Navigating the Professional Crossroads: Understanding Severance Agreements
Typically, employers are not obligated to offer severance benefits unless there’s a prior commitment, outlined in a written policy or employment agreement. In most cases, severance pay agreements fall within the discretionary realm of the company, often presented in exchange for a comprehensive release of all claims. Now, let’s…
Holiday Pay
Sometimes the holidays are filled with holiday cheer, but then other times they are filled with the gnawing anxiety over empty pockets. This is a common issue and thankfully, a lot of stores have seasonal work that allows the opportunity to make some money heading into and during the holiday…
Don’t Play with Holiday Pay
As the holiday season approaches, many employees find themselves working extra hours to meet year-end deadlines or accommodate increased consumer activity. This is especially true in the retail and hospitality industries.
Various industries experience a significant increase in demand during the holiday season. For example, retailers see an uptick in…
Karla Gilbride Appointment to the EEOC
Summary: The EEOC is tasked with the enforcement of many of the laws that ensure a fair and equitable workplace. As such, the role of who is at the helm of the agency is not small matter. Recently, Karla Gilbride has been appointed as the new General Counsel for the…
Wrongful Termination and Constructive Discharge: Not Interchangeable Terms
In lots of ways, Googling legal terms can be like Googling medical terms. You might get an amalgamation of concepts that might not make a whole lot of sense when put together. Therefore, there’s lots of information out there that isn’t legally inaccurate, but needs to be explained by an attorney…
Recent Fifth Circuit Opinion Expands Actionable Adverse Actions for Title VII Discrimination Claims
On August 18, 2023, the Fifth Circuit issued an en banc opinion in Hamilton v. Dallas County, No. 21-10133 that overturned decades old judge-made law limiting actionable claims under Title VII. Let’s take a look.
What is Hamilton about? Hamilton involves how the Dallas County Sheriff’s office schedules time…
Houston Employees Unite: Navigating the WARN Act for Job Security
In today’s ever-evolving job market, workforce reductions and layoffs have become more prevalent, creating uncertainty and stress for employees. To protect the rights of workers during these difficult times, the federal government established the Worker Adjustment and Retraining Notification (WARN) Act. This crucial legislation aims to ensure that employees in Houston…