Shaleigha Shepard
Houston Employment Trial Lawyer Shaleigha Shepard

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 explore the key facets of severance agreements to gain insights into their importance for both employers and employees.

Navigating the Components:

Severance agreements, as discretionary tools, play a pivotal role in defining the terms of employment termination. These agreements are designed to address the interests of both parties involved, ensuring a smooth and mutually beneficial transition.

Financial Considerations:

Financial elements form the crux of severance agreements, encompassing aspects such as severance pay, continued benefits, and compensation for accrued time off. It is imperative for individuals to carefully examine these components to align with industry standards and the individual’s tenure.

Confidentiality and Non-Disparagement:

Embedded within severance agreements are clauses governing confidentiality and non-disparagement. These clauses underscore the importance of maintaining confidentiality about company matters and refraining from making negative statements post-termination.

Release of Claims:

An integral part of severance agreements is the release of claims, where departing employees agree not to pursue legal actions against the employer. For individuals in Houston, a careful assessment of the implications of this agreement is crucial, with the option to seek legal counsel if needed.

Non-Compete and Non-Solicitation:

Some agreements may feature non-compete or non-solicitation clauses, restricting certain activities of the departing employee within a specified timeframe and geographic area. The enforceability of these clauses under Texas law should be a point of consideration.

Severance agreements stand as discretionary yet impactful instruments in the professional realm. Whether you are an employer structuring an agreement or an employee navigating its terms, a clear understanding of the legal framework ensures a fair and informed transition, embodying the essence of mutual benefit and professional integrity.

Consulting with legal counsel, such as me, or any other attorney at Wiley Wheeler, P.C., remains a vital aspect of navigating severance agreements. Legal advisors guide individuals through the terms, ensuring clarity, facilitating negotiations, and protecting the departing employee’s rights. Feel free to get in touch with me, Shaleigha Shepard, or any attorney at Wiley Wheeler, P.C., for support in understanding or negotiating your severance agreement.

Rachel Bethel
Austin/Houston Employment Trial Lawyer Rachel Bethel

The Family and Medical Leave Act (FMLA) is vital in protecting employees who need time off for medical or family-related reasons. Unfortunately, despite the safeguards provided by the FMLA, employees remain exposed to employers’ unlawful retaliation for taking FMLA leave. Below, we’ll explore how to recognize potential signs of FMLA retaliation and discuss strategies for addressing such situations.

Signs of Potential FMLA Retaliation and Harassment:

1.     Adverse Employment Actions:

Watch out for sudden changes in your role shortly after returning from FMLA leave. These might include actions such as a demotion, suspension, poor evaluations, reduction in hours, pay, or scope of work, being assigned to perform less desirable duties, or even termination. 

2.     Unjustified Discipline:

Be wary of unwarranted disciplinary actions and sudden over-scrutiny. If you notice a sudden increase in hostility and subsequent write-ups or penalties, this could be a sign of FMLA retaliation. 

3.     Denial of Benefits or Opportunities:

Retaliation can manifest in the denial of benefits or opportunities that you would have otherwise been entitled to. This may include promotions, raises, educational benefits, or training opportunities that seem to be suddenly or inexplicably withheld. Where an employer demands that you 

4.     Exclusion & Deterrence:

Pay attention to changes in communication. If you were once included in important meetings or decision-making processes and are suddenly excluded, it might be a sign of retaliation. Being required to provide your employer with unreasonable notice in advance of taking leave, being asked to delay your leave, or being required to work while on leave can be indicia of harassment and retaliation.

What to Do if You Suspect FMLA Retaliation:

If you suspect FMLA retaliation or harassment, schedule a meeting with one of our Austin employment lawyers. We can provide guidance on your rights and possible avenues for relief.

Know Your Rights:

Familiarize yourself with FMLA regulations and your rights as an employee. Being informed empowers you to advocate for yourself and can serve as a deterrent against potential retaliation.

Know that covered FMLA leave includes:

Serious Health Conditions:

Employees can take FMLA leave for their own serious health condition. This includes illnesses, injuries, or impairments that may require inpatient care or continuing treatment by a healthcare provider.

Birth and Care of a Newborn:

FMLA allows eligible employees to take leave for the birth of a child and to bond with the newborn within one year of birth.

Adoption or Foster Care Placement:

Employees can take FMLA leave for the placement of a child through adoption or foster care. This includes time to bond with the newly placed child within one year of placement.

Care for a Spouse, Child, or Parent with a Serious Health Condition:

Eligible employees can take FMLA leave to care for a spouse, child, or parent with a serious health condition. This includes providing care, support, or assistance during the family member’s medical treatment or recovery.

Qualifying Exigency Leave:

FMLA provides for leave for qualifying exigencies arising out of the fact that the employee’s spouse, child, or parent is a covered military member on “covered active duty” or has been notified of an impending call to “covered active duty” in the Armed Forces.

Military Caregiver Leave:

Eligible employees can take FMLA leave to care for a covered service member with a serious injury or illness. This includes the spouse, child, parent, or next of kin of a covered service member.

FMLA retaliation and harassment are serious workplace issues that can have profound consequences on your professional life. By being aware of the signs, understanding your rights, and taking proactive steps to get help, you will be better equipped to protect yourself from unlawful retaliation and harassment. 

Marcos De Hoyos
Houston Employment Trial Lawyer Marcos De Hoyos

In recent years, there has been a growing awareness and recognition of mental health issues in the workplace. As individuals strive to balance professional responsibilities with personal well-being, it becomes essential to understand the legal framework that protects employees facing mental health challenges. The Americans with Disabilities Act (ADA) is a crucial piece of legislation that provides a foundation for requesting accommodations to ensure equal opportunities for all. In this blog, we’ll explore the intersection of mental health and the ADA, focusing on how employees can effectively request accommodations from their employers.

Understanding the ADA and Mental Health

The ADA prohibits discrimination against individuals with disabilities in various aspects of life, including employment. Importantly, the ADA defines a disability broadly, encompassing both physical and mental impairments that substantially limit one or more major life activities. Mental health conditions such as anxiety, depression, and PTSD fall within the ADA’s scope, making employees with these conditions eligible for protection and reasonable accommodations.

Reasonable Accommodations

The ADA requires employers to provide reasonable accommodations to qualified employees with disabilities to ensure they can perform essential job functions. When it comes to mental health, reasonable accommodations can vary widely, depending on the nature of the condition and the specific demands of the job. Examples of accommodations for mental health might include flexible work schedules, telecommuting options, modified job duties, or additional breaks.

Initiating the Accommodations Process

If you are dealing with a mental health condition and believe that workplace accommodations would be beneficial, initiating the request process is a crucial step. Here are some guidelines to help navigate this process effectively:

  1. 1. Self-Reflection: Before approaching your employer, take some time for self-reflection. Identify specific aspects of your job that are impacted by your mental health condition and consider potential accommodations that could address those challenges.
  2. 2. Know Your Rights: Familiarize yourself with your rights under the ADA. Understanding the legal framework will empower you to articulate your needs effectively and advocate for your rights in a knowledgeable manner.
  3. 3. Communicate Openly: When you feel ready, schedule a private meeting with your supervisor or HR representative. Clearly communicate your mental health condition, its impact on your work, and the accommodations you are requesting. Be prepared to provide any necessary medical documentation to support your request.
  4. 4. Collaborate on Solutions: Engage in a collaborative discussion with your employer to find mutually agreeable solutions. Your employer may have questions or concerns, and it’s important to address them openly. The goal is to find accommodations that allow you to perform your job effectively while considering the employer’s operational needs.
  5. 5. Document Everything: Keep thorough records of all communications related to your accommodation request. This documentation can serve as valuable evidence in case of any disputes or misunderstandings in the future.

Conclusion

Navigating mental health accommodations in the workplace requires a combination of self-advocacy, knowledge of legal rights, and effective communication. The ADA serves as a powerful tool to protect employees with mental health conditions, ensuring they have the opportunity to thrive in their professional lives. By approaching the accommodation request process with clarity, openness, and collaboration, employees can work towards creating a supportive work environment that accommodates mental health needs while maintaining productivity and professional success. If you feel that your employer has not been working with you in granting accommodations or if they are retaliating against you for requesting accommodations, be sure to consult an employment attorney to see what, if any, options you may have. 

Paige Melendez
Houston Employment Trial Lawyer Paige Melendez

It’s a new year and that comes with new laws going into effect in Texas. Of particular note, is the law that Governor Abbott signed in November 2023 expanding a prior law that prohibited state and local government in Texas from imposing vaccine mandates. In a third Special Session, the law was expanded to include private employers. The law officially goes into effect on February 6, 2024, but prior to the law going into effect it is important to note the specific ways it impacts employees in Texas. 

Texas at its core is an at-will state, which means that even without this law, an employee being required to receive a COVID-19 vaccine could resign at-will. However, this new section of the Texas Health and Safety Code imposes administrative penalties for vaccine mandates imposed by private employers. The law applies to any employer employing one or more employees. In addition, the law forbids the adoption or enforcement of a requirement that an employee or contractor (including applicants) be vaccinated against COVID-19 as a condition of employment. This means that private employers cannot add vaccination as a requirement for employment, but there’s an exception for healthcare facilities, providers and physicians. 

Healthcare facilities like a hospital, healthcare providers and physicians like doctors or nurses, are allowed to enforce reasonable policies requiring the use of protective medical equipment for those employees or contractors that are not vaccinated against COVID-19. The allowance is mitigated by the level of risk presented to the patients based on the person’s routine and interactions with patients. This type of policy being enforced is explicitly excluded from the definition of adverse action under the new law – this means that employees/contractors at healthcare facilities can maintain their right to not be vaccinated, but still be required to take proper safety precautions. The law only makes an exception for these types of facilities. 

Further, the law is set to be enforced through the Texas Workforce Commission, which means there is no private right of action under the law. What this means for employees, is that there is an administrative requirement for any violations to be reported directly to the Texas Workforce Commission. The Texas Workforce Commission is also directed to determine the reasonableness of healthcare facility policies. The attorney general can also be brought in to file for injunctive relief on behalf of the complainant as well as an administrative penalty can be assessed by the Texas Workforce Commission unless the employer makes strides to remedy and comply with the law. 

As an employee in Texas, it is always important to be able to know and understand the rights afforded to you under new laws that are passed. If you think an employer has violated the law, provided the violation occurs after the effective date, then you should consider filing with the Texas Workforce Commission by submitting your name, the employer’s name and details as to what happened to cause the violation. If your employer has taken action prior to this date because of a COVID-19 vaccination requirement, this law may not apply. However, it does not mean that there are no remedies available – especially if there is a sincerely held religious belief underlying your refusal to receive a vaccination. This law has gone into effect and the changes may apply to your job situation – if you would like more information relating to your rights and possible remedies available to you under the law it would be helpful to reach out to an attorney to discuss your options and situation. 

Jairo Castellanos
Austin Employment Lawyer Jairo Castellanos

Arbitration agreements have become a common feature in various contracts, offering an alternative dispute resolution method outside of traditional litigation. However, when it comes to the interplay between arbitration agreements and statutes of limitations, the legal landscape can become intricate. In Texas, as in many other jurisdictions, questions arise regarding whether an arbitration agreement can effectively shorten the statute of limitations for bringing a legal claim. Let’s delve into the nuances of this legal intersection in the Lone Star State.

First, what is an arbitration agreement? An arbitration agreement is a contractual provision that parties enter into to resolve disputes outside of the courtroom. In the employment law world, these provisions are often snuck into the onboarding paperwork. In fact, a majority of the employees that I have represented who are subject to an arbitration provision had no idea that they had signed it. In short, these provision mandate that instead of going to a courtroom to avail yourself of your rights, you will have to engage in a private non-public arbitration. 

Second, what is a Statute of Limitations in Texas? The statute of limitations is a legal timeframe within which a person must initiate legal proceedings. Once this period expires, the claim may be barred, and the aggrieved party loses the right to bring a lawsuit. The statutes of limitations vary depending on the nature of the claim. For example, a Texas Whistleblower claim has a statute of limitations that is only 90 days while a breach of contract claim is generally four years. So there is a wide range of statutes of limitations. 

Can an Arbitration Agreement Shorten the Statute of Limitations in Texas?

In Texas, the enforceability of arbitration agreements and their impact on statutes of limitations has been a subject of legal scrutiny. Generally, arbitration agreements are going to be upheld by Texas courts, in line with the Federal Arbitration Act (FAA) unless you can establish that the agreement is unconscionable or there is some defect in the formation of the contract that contains the arbitration agreement. However, the question of whether an arbitration agreement can effectively shorten the statute of limitations is not a straightforward matter.

A key consideration is whether the shortened statute of limitations in the arbitration agreement is reasonable and not unduly oppressive. Courts may scrutinize such provisions to ensure they do not run afoul of public policy or deprive parties of a fair opportunity to assert their rights.

Moreover, the Texas Supreme Court has held that an arbitration agreement’s incorporation of a shortened limitations period must be clear and unmistakable. This means that the language in the agreement should explicitly express the parties’ intent to reduce the time within which a claim must be filed.

So the answer is an attorney’s favorite response. It depends. But the sheer possibility that your statute of limitations could be shorten should set off alarms in your head because this could easily mean that your case is gone before it even started. 

Practical Implications and Best Practices.

First and foremost, as an employee you must be sure you read everything that you sign. Regardless of whether you believe you will not need to avail yourself in court, it is better to have a forward-looking approach. Moreover, while the possibility exists that a provision shortening your statute of limitations would be unenforceable, it is always better to air on the side of caution. Second, if you do find yourself in a situation where you need to talk to an attorney, do make sure to bring up the fact that there is an arbitration agreement. This will help the attorney do his job better in evaluating your case. 

As can be seen above, the standard of whether an arbitration agreement is enforceable or not is not an easy one to make. That is why it is important to talk to attorneys that specialize in that particular area. Here, at Wiley Walsh, P.C. we specialize in labor and employment law. Feel free to contact us for a consultation. 

Paige Melendez
Dallas Employment Lawyer Paige Melendez

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 season. The one thing about seasonal work that it’s important to point out is that the FLSA still applies, and any work performed is still required to be compensated.

Under the FLSA, private sector employers are not required to provide paid holidays or premium pay for working on holidays. The FLSA does not mandate specific holidays that employers must observe, and it does not require the payment of additional wages for working on holidays, unless such work results in the employee working more than 40 hours in a workweek. This applies only for the FLSA, employees that are eligible for things like religious accommodations may have different rules that apply to their situations. Below the quick cheat sheet on the FLSA during the holidays is split up into rules that apply to non-exempt employees (people who are eligible for overtime pay) and employees who are exempt (people not eligible for overtime pay in general).

Here are some key points regarding holiday pay under the FLSA:

Regular Pay for Holidays (Non-Exempt Employees):

The FLSA does not require employers to pay employees extra or premium pay for working on holidays, unless the time worked on a holiday causes the employee to exceed 40 hours in a workweek. In such cases, the additional hours worked over 40 in the workweek may be subject to overtime pay if you are an employee that is classified as non-exempt. For exempt employees, there is no change in the pay structure.

Overtime Pay for Holiday Work (Non-Exempt Employees):

If an employee works on a holiday and the total hours worked in the workweek exceed 40, the employer must pay overtime for those hours like normal. Overtime pay is calculated at a rate of 1.5 times the regular hourly rate for each hour worked beyond 40 in a workweek, which means that it is imperative during the hustle and bustle of the holiday season to keep track of all the hours you are working. While employers are required to maintain accurate records of hours worked by non-exempt employees, including any overtime hours, it is always best to make sure you are also tracking the hours just in case there is a discrepancy. 

Exempt Employees:

Unfortunately, exempt employees are still ineligible for holiday pay or extra pay outside of any private incentive your employer may extend. To be clear, exempt employees, like those classified as salaried, in general will still receive their full salary for any week in which they perform work, regardless of the number of hours worked. It all comes down to the company policy and things like whether you are utilizing PTO. 

Contractual Agreements (Exempt and Non-Exempt Employees):

Like with most things in employment law, the FLSA provides a floor, but employers can choose to offer more incentives than the FLSA requires. For example, employers may choose to provide holiday pay as part of their employment contracts, collective bargaining agreements, or company policies like in an employee handbook. It would be beneficial for any employee to review the documents associated, especially the employee handbook, with their employment to double-check whether any policies apply to them.

State and Local Regulations:

Similar to company policies adding extra incentives on top of the ones the FLSA demands, state and local laws may have additional requirements regarding holiday pay—unfortunately, Texas is not one of those states.

In summary, seasonal work is an excellent way to get some extra present-buying or traveling money, but it is imperative to remember that the FLSA still applies. If you think that there has been a mistake in calculating overtime pay or hours that you worked during the holiday season, do not hesitate to contact our office to speak with an attorney. 

https://www.wiley-wheeler.com/

Colin Walsh
Texas Employer Lawyer Colin Walsh

In the intricate tapestry of legal frameworks, one concept that often surfaces is legal immunity. This term encompasses various protections granted to individuals or entities, shielding them from certain legal consequences. 

In employment law,  there are two main types of immunity that come into play: Sovereign Immunity and Qualified Immunity.  This blog provides a brief overview of both..

  1. 1. Sovereign Immunity:

Sovereign immunity traces its roots to the idea that the government is immune from lawsuits or legal action.  This immunity applies to both the federal government and state governments, as well as their agencies. This immunity shields government entities and officials from being personally liable for actions undertaken in their official capacity. Although this doctrine has ancient origins, its application varies across jurisdictions. 

However, sovereign immunity is not absolute. Exceptions exist, allowing legal action in certain circumstances. For instance, if a government entity engages in actions outside its official capacity or acts negligently, immunity may be waived, permitting legal proceedings.  IN. some situations, a state government waives sovereign immunity for certain causes of action simply by accepting federal funds.  The Rehabilitation Act is an example of this type of waiver.

In some cases, governments may consent to lawsuits or create specific procedures for citizens to seek redress.  Examples of laws where the government has consented to suit include Title VII of the Civil Rights Act of 1964 and Chapter 21 of the Texas Labor Code, as well as the Federal and Texas Tort Claims Act.  Those statutes also mandate specific procedures that must be followed in order to overcome sovereign immunity.  For example, under Title VII and Chapter 21, a plaintiff must first file a charge of discrimination with the Equal Employment Office of the Texas Workforce Commission, respectively to be able to bring suit under either statute against the federal or state government.

One final controversial note about state and federal sovereign immunity: it is not actually found anywhere in the Constitution.  The idea that a citizen of a state cannot sue that state’s government here in the United States was created by judges interpreting the 11th Amendment.  But take a look at the text of that amendment and you tell me whether that is what it actually say.

Anyway, on to qualified immunity! 

  1. 2. Qualified Immunity:

Qualified immunity is a legal doctrine primarily applied to shield government officials, such as law enforcement officers, from personal liability in the course of their duties. It grants protection unless the official’s conduct violates “clearly established” constitutional rights. Critics argue that this doctrine can shield officials from accountability, especially when there is ambiguity about whether a right was clearly established at the time of the alleged violation.  This can be a big problem.  Some courts take an extremely narrow view of what is clearly established law.  This has resulted in many officials being able to escape liability because the exact thing that official did had not happened before.  It can also lead to the bizarre outcome of a court finding that even though a government official violated the constitution or other law, they are not liable because no one had violated the constitution or law in that specific way before.  In other words, critics say, the government gets one free violation of the constitution and the law.

Debates surrounding qualified immunity often center on the balance between protecting officials from personal liability and ensuring accountability for potential misconduct. Advocates argue that it is essential for officials to perform their duties without the constant fear of litigation, while opponents assert that accountability is crucial to maintaining trust in public institutions.

These issues can be complex and confusing.  If you believe you have an employment case against a state government or the federal government, you should talk to an attorney about your options and what can be done.  The attorneys at Wiley Walsh, P.C> have experience with these issues and are happy to discuss potential options with you.  If you would like to set up a consultation, please contact us at 512-271-557 or you can book online at our website www.wileywalsh.com

Kalandra Wheeler
Texas Employment Lawyer Kalandra Wheeler

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 customer traffic due to holiday shopping, and restaurants or hotels may encounter increased bookings for holiday events or as a consequence of holiday travel. These consumer demands often result in extended hours of operation, requiring employees to work longer hours to meet customer needs and fulfill orders.

While the reasons for working longer hours during the holidays can vary and may even be unexpected by the employer, employees must be paid for the work performed.

The prospect of holiday overtime brings into play the Fair Labor Standards Act, which governs various aspects of employment, including overtime pay.

The law does not require a special pay rate merely for working during or on holidays. Whether an employer chooses to offer additional pay for holiday work beyond what is required by the law is at the company’s discretion. Some employers may provide extra compensation or bonuses for working on holidays as an incentive or recognition of the inconvenience to employees.

Though there is no special premium rate for ordinary work during the holidays, the law governing overtime pay does not take vacation during the holiday season. Fifty-two weeks a year, non-exempt employees are entitled to receive overtime pay—typically set at one and a half times an employee’s regular hourly rate—for hours worked beyond the standard 40 hours per workweek.

A non-exempt employee is an individual covered by the wage and hour provisions of the FLSA. They are entitled to certain protections under the law, including those requiring a minimum wage and overtime pay. Exempt employees are typically salaried workers who meet specific criteria related to job duties and salary level, exempting them from overtime pay under the FLSA.

Non-exempt employees should be proactive in understanding their rights under the FLSA and advocating for fair and appropriate compensation. If an employer is violating overtime pay regulations, employees have the right to take legal action. If you are not receiving overtime pay for overtime hours worked, our attorneys are available for consultation.

With the hustle and bustle of the holiday season, it is easy for overtime pay to be overlooked or slip through the cracks. Employees should be mindful of the hours they work as their days get longer while meeting the demands of consumers during extended work hours. Employees should be careful when reviewing their pay stubs to ensure they are being paid in full for ALL hours worked; this includes pay at their premium overtime rate for hours worked over 40 in any given workweek. Don’t let your employer take advantage of the distractions caused by the busy holiday season.

As the holiday season unfolds and workplaces hum with heightened activity, it is essential for employees to understand the connection between holiday overtime pay and the FLSA. By staying informed about their rights and keeping a close eye on their hours worked and the compensation received, workers can enjoy the holiday season, knowing that they are being fully compensated for all the work they are performing to ensure their customers’ needs are being met.

Kalandra Wheeler
Texas Employment Lawyer Kalandra Wheeler

It’s that time of year again! As we roll into the holiday season, workplaces are gearing up for festive celebrations, including customary work holiday parties. These events are intended to foster camaraderie and team spirit. However, it is crucial to be reminded of the potential risks they pose, particularly concerning sexual assault and harassment.

Work holiday parties often provide a welcome break from the daily grind, offering employees an opportunity to relax, socialize, and celebrate the achievements of the year. It’s a festive atmosphere, and it should be enjoyed. However, the combination of festive spirits and relaxed environments can sometimes blur professional boundaries, leading to inappropriate behavior. Such behavior can put employees at risk of being preyed upon, leading to significant liability for employers.

Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination, including sexual harassment. Title VII applies not only during regular work hours but also extends to work-related events, including holiday parties. Employers are responsible for creating a workplace free from discrimination and harassment, and this duty extends to off-site and after-hours events.

In the past, small employers (with fewer than 15 employees) in Texas might have avoided liability for sexual harassment claims stemming from these holiday events. Yet, due to a much-needed change in the Texas Labor Code, as of 2021, smaller operations can no longer avoid the responsibility of creating a safe party atmosphere for their employees. Whether an employer in Texas has one employee or one thousand employees, Texas law protects all employees from unwelcomed sexual harassment.

Aside from protecting employees from sexual harassment, employers must take action aimed at protecting employees when that behavior crosses the line from harassment to sexual assault. Non-consensual sexual contact or intercourse is a criminal act that includes, but is not limited to, rape, attempted rape, unwanted touching, and other forms of sexual coercion. Criminal penalties may apply to the perpetrator, but civil penalties may still apply to the employer.

Employers should take measures to protect their employees at events during the holiday season. They should create and communicate clear policies regarding appropriate behavior at work events. They should not only implement reporting mechanisms to encourage employees to come forward if they experience or witness inappropriate behavior but should also respond appropriately and take swift remedial action when those reports are made. Employers should never blame or retaliate against the victim or a reporting witness.

Victims of sexual harassment or sexual assault in the workplace – including work-sponsored events – should never remain silent. Remaining silent about sexual harassment perpetuates a culture of secrecy and enables the continuation of harmful behavior. Speaking out is crucial, as it sends a powerful message that such behavior will not be tolerated. Moreover, reporting instances of sexual harassment helps create a safer working environment for everyone, putting others on notice of the dangers present and shining a spotlight on employers when they have failed to protect employees and fail to respond to complaints appropriately.

Our hope is that you have a safe and enjoyable holiday season. However, if you are or have been subjected to unwelcomed sexual harassment or assault and want to know your rights, our lawyers are available for consultation.

Have fun and enjoy this holiday season! Celebrate successes and the end of 2023 and the newness of 2024. Just remember: (1) mistletoe at office holiday events should only be viewed as festive décor and not an invitation, and (2) martinis should be consumed with caution.

Rachel Bethel
Texas Employer Lawyer Rachel Bethel

One category of discrimination that has yet to be federally protected in the U.S. has gained attention in recent years: caste discrimination. With the ever-increasing population of South Asians in the U.S., reports of discriminatory acts based on caste have risen considerably. 

Just this year, Seattle, WA and Fresno, CA—both cities with significant South Asian populations—became the first cities in American history to ban caste discrimination. While these are great strides in the right direction, the road ahead for larger jurisdictions will be long. 

Caste Discrimination Bill Vetoed in California

Just one month ago, Governor Newsom vetoed a bill, SB 403, that would have explicitly banned caste discrimination in California. California is home to nearly a million Indian Americans and hundreds of thousands of other South Asians as well. Notably, Governor Newsom commented that the specific addition was “unnecessary,” as California had already explicitly banned discrimination based on “sex, race, color, religion, ancestry, national origin, disability, gender identity, sexual orientation.” South Asian civil rights activists and lawmakers vehemently disagree. 

CA State Senator Aisha Wahab was responsible for putting forth SB 403. The purpose of the bill was to include “caste” within the definition of “ancestry” and further define “caste” itself. The bill would have provided much-needed clarity on what caste is and how it manifests into a basis for discrimination here in the U.S. Governor Newsom rejected an opportunity to elucidate and further protect an otherwise potentially nebulous class of people. 

Understanding Caste 

Caste, as defined by SB 403, is: 

An individual’s perceived position in a system of social stratification on the basis of inherited status. ‘A system of social stratification on the basis of inherited status’ may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.

The caste system is one that dates back thousands of years in South Asia, chiefly in India. Although caste is typically associated with Hinduism, the culture of casteism has pervaded many other religions and cultures in South Asia. In a community or family that strictly, piously adheres to caste, the system can impact anything from whom one can marry, what jobs one can perform, what one can eat, and where one can look or walk, to which plates and cups one can use. India banned caste discrimination in 1948, but the system itself remains very much still in practice today.

The Road Ahead in the U.S.

While the introduction of caste discrimination bills is a step forward, it’s important to consider the complexities involved in addressing this issue. Many argue, for example, that determining caste identity can be difficult and that some individuals may misuse these protections. Perhaps it is true that others may not always know to which caste a person belongs. However, irrespective of whether an employee’s colleagues are all aware of the relevant castes at issue, so long as the parties involved are aware, at least the possibility for discrimination exists. 

There are approximately 5.4 million South Asians in the U.S. now. To the extent that someone has used caste as a basis for discrimination, an avenue for recourse should be available. This is a lived reality for many Americans, and it is essential to address just like any other form of discrimination. 

Conclusion

Caste discrimination bills propose to extend legal protections to individuals who face discrimination, including in education, employment, housing, and public services. The emergence of caste discrimination bills in the United States marks a legal path forward for those who have been and are being victimized in the workplace. 

By addressing this long-standing form of discrimination, American lawmakers join global efforts to combat caste discrimination. Here in Texas, home to hundreds of thousands of South Asian employees, it is only a matter of time before similar bills are drafted here. While the path ahead may be long, these recent bills are a significant step toward ensuring a more just society for all.