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
Wanting vs. Needing: Figuring Out Retaliation Claims
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…
My Boss Cannot Keep Their Story Straight
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…
Women Who are Trying to get Pregnant are Protected from Discrimination under Texas Law
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…
Wearing My Crown Proudly – Your Tradition is Not My Tradition
“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…
Reasonable Accommodations: A Tale of Two Statutes
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…
EEOC Contemplates Much Needed Changes for Charge Dismissals
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…
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When should I call an employment lawyer?
Every day our office receives calls and online inquiries from workers seeking legal advice. They want to know whether their boss’s actions are illegal and whether they have claims to pursue. And, if the answer to both of those questions is yes, they have to think about whether they are ready to take action to protect their rights. But still, before even contacting an attorney they may be afraid. They don’t know when they need an attorney, how long to wait before contacting an attorney, or even if contacting an attorney is the right choice for them. That’s why consultations are a very important part of the practice of law.
How do I know I need an employment attorney?
If you are even asking this question the safest answer is seek a consultation.…
What to do if You are the Victim of Discrimination at the Workplace
Do you find yourself in a situation where you are being discriminated at work, but you have no idea what to even do beyond going to HR? This is probably one of the most common scenarios I encounter during consultations. What I’d like to do is go over some very basic things to keep in mind if you find yourself in a situation where you suspect that you are the victim of discrimination.
Documentation is king.
The very first thing to do is take stock of the documents you have that are related to your employment. For example, any type of disciplinary documents, employee handbook, company memos, pertinent emails, termination letter, any complaints that you have filed or sent to anyone at the company like your boss, HR, or a coworker, or anything that may be relevant.…
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