One of the most efficient ways in the discrimination context to show that an employer’s stated reason for termination is false is showing that it has changed its reason for termination. The applicable case law calls these shifting reasons, and it is a powerful tool in
The current pandemic brought several changes to our work lives and brought about an important, but obvious, realization: we do not all need offices. Over the past year, countless businesses realized their workforce could perform just as efficiently, if not more so, from home. This…
Most people are familiar with an employer’s duty under the Americans with Disabilities Act to provide a qualified worker with a reasonable accommodation so that they are able to perform the essential job functions of their position. Yet, not as many people are aware that Title…
First and foremost, climate change is real. Temperatures are more extreme and extreme weather events are more common. As a result, workers who work outside are at a greater risk of illness, injury, and even death from heat exposure than ever before. Still, the Occupational…
As a precursor to filing a lawsuit under the laws that the EEOC enforces such as Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, employees must first file a charge of discrimination with the EEOC. As it stands now, the vast majority of these charges are dismissed by the EEOC. But not because these charges lack merit. The dismissal is often necessitated by a lack of resources and investigators. Often times this leaves the EEOC unable to conduct a proper investigation into the thousands of charges that are filed each year with the federal agency.
At this moment, the EEOC is on the precipice of making two major changes to the process of how the federal agency is going to handle the dismissal of charges of discrimination. These changes will include a change in the procedures in which the dismissals are processed, and they will include a change in the dismissal language contained in the right to sue letters that the EEOC issues upon the dismissal of a charge of discrimination. I will attempt to briefly outline some of the dangers and benefits of these changes
I hear it all of the time during consultations. A potential client will tell me about the discrimination they have experienced at work. They will describe how they were the only member of a protected class (age, race, sex, disability, religion, national origin, color) who applied for a promotion and that in fact, they were the only one qualified for the position, but they didn’t get it. “You know,” they will continue, “I can’t think of anyone in my protected class who has been promoted to such a position.” I will then ask this person why they think they were not promoted. The person will then invariably say, “I think it was because of my protected class, but I can’t prove it.”
One issue that comes up repeatedly is whether an individual is an independent contractor or an employee. The reason this comes up quite often in an employment law context is because most employment laws only apply to employees. For example, the retaliation provision of Title VII, which prohibits retaliation for reporting unlawful discrimination, expressly applies only to employees.** The difference also matters for benefits, overtime pay, minimum wage, and tax consequences. Very broadly speaking, independent contracts are usually cheaper for employers than employees. Because of that, employers often misclassify employees as independent contractors. This blog post looks at what that means.
The Family and Medical Leave Act provides eligible employees with unpaid, job-protected leave for certain family and medical reasons. When employees request or take leave, these workers have protections from FMLA interference and retaliation. This means that employers may not interfere with a worker’s rights to take FMLA leave and may not take adverse employment actions (e.g., write ups, demotions, terminations) against employees for exercising their rights under the FMLA.
Am I protected under the FMLA?
For employees to have protections under the FMLA, their employer must have a minimum of 50 employees within a 75-mile radius of the work location. Additionally, the employee must have worked for the employer for at least a year and must have worked at least 1,250 hours during that year. If all these conditions are not met, the employee may not be protected by the FMLA.
In March 2020, Governor Abbott joined several other governors around the nation to formally declare COVID-19 to be a public health disaster. Subsequently, Governor Abbot issued several executive orders limiting commercial activities to only those that were considered “essential businesses.” This meant that many Texans were left without work and eligible to receive unemployment benefits to help them through these troubling times. As we enter the gradual re-opening of businesses, a large swath of pressing questions presents itself to many workers that are worried about what could be seen as a premature action in light of the health risks. I will aim to shed light on two major questions that are frequently posed to us.
Continue Reading What The Reopening of Businesses Could Mean For Your Unemployment Benefits And Work From Home Status
Sadly, that fear is not misplaced.
For millions, the battle with alcoholism and drug addiction is a daily fight. And because of the stigmas attached to these disabilities, people suffer in silence.
But what happens when the silence is broken, and the secret is out?
When an employee realizes they need help, they don’t know what steps to take. But they should act early. This is especially true if the employee realizes their work attendance or performance is suffering, or pressures on the job are having a negative effect on them.