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
This week, our law firm is at the annual National Employment Lawyers Association (NELA) conference in Chicago. The convention kicked off with remarks from very bold and inspiring plaintiffs in landmark cases. One of the plaintiffs we heard from was Gerald Bostock, who was one of the Plaintiffs (and the named
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
For many, the World Cup is the sporting event of the decade, and for good reason. It is a moment where countries and cultures from around the world gather for a singular purpose: to watch soccer. Already, the current World Cup has had plenty of
X, a dedicated and hard worker, asks her boss for a raise. X, on more than one occasion, has boasted of never taking paid time off, of working overtime, and of winning several accolades. X, for all intents and purposes, has earned this. X confidently
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
Thinking about getting pregnant or attempting to get pregnant? Concerned about your employer firing you before you actually get pregnant because you’re trying to get pregnant? Are you protected from discrimination prior to getting pregnant? Texas courts weighed in on this issue for the first
“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
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
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
Continue Reading EEOC Contemplates Much Needed Changes for Charge Dismissals
