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Houston Employment Law Blog

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Woman accuses employer of promoting culture of discrimination

Federal law requires businesses who employ 50 or more people to abide by the terms of the Family Medical Leave Act. Signed into law by President Clinton in 1993, FMLA provides job protection and unpaid leave of up to 12 weeks to employees going through specific family oriented situations.

Many women use FMLA in conjunction with short-term disability when they have a baby. Doing so allows a woman to take 12 weeks of unpaid leave and provides time necessary to both physically recover and bond with a newborn baby. Sadly, despite the existence of federal laws such as FMLA, some employers actively seek to discriminate against women and mothers.

Pregnancy discrimination in the workplace still rampant

In years past, most women did not work outside of the home. As such, workplaces were not required to accommodate women in the event they became pregnant. For years, as more and more women entered the workplace, many suffered discrimination, especially if they became pregnant. Today, state and federal laws exist to protect women from suffering pregnancy discrimination. Despite these laws, however, some employers continue to actively engage in discrimination against pregnant women.

Employees who work at call centers must often meet certain quotas with regard to time spent on the phone and calls answered. Failure to meet these quotas often result in disciplinary action and may even be grounds for termination.

Woman files lawsuit alleging discrimination under FMLA

The Family Medical Leave Act was passed into law to protect employees in the event of a medical emergency. Under the terms of FMLA, an employee is able to legally retain their position while taking up to 12 weeks of unpaid time off. While FMLA is commonly associated with maternity leave, employees may also take leave under FMLA when dealing with an illness, family tragedy or ailing loved one.

Man files lawsuit amid claims he was sexually harassed and fired

Unfortunately, cases involving allegations related to sexual harassment in the workplace are fairly common. The large majority of these cases, however, are filed by female employees who purport male superiors or colleagues carried out wrongful acts of sexual harassment. Men too, however, are often the victims of sexual harassment. Due to embarrassment and shame, however, many men fail to come forward and report such abusive and illegal actions and behaviors.

Man settles discrimination and retaliation lawsuit for $160,000

Workers who suffer injuries while on the job are entitled to worker's compensation benefits. Upon an employee's return to work, employers are required by law to make necessary adjustments with regard to work conditions and assignments to accommodate an employee's disability. Employers that fail to do so or take retaliatory action against injured employees may face legal action.

Woman accuses CEO of sexual harassment and discrimination

Oftentimes cases that involve allegations related to sexual harassment and discrimination are complex in nature. The lines between what is and is not appropriate or consensual may become blurred and result in unwanted advances or sexual conduct that is not 100 percent consensual. A woman recently filed a sexual harassment lawsuit against both her former employer and its CEO.

What is "Race" or "Color" as Used in Anti-Discrimination Laws?

Both Title VII of the Civil Rights Act of 1964 ("Title VII") and the Texas Commission on Human Rights Act ("TCHRA") prohibit discrimination against an employee because of the employee's race or color. See 42 U.S.C. § 2000e-2(a)(1); Tex. Lab. Code § 21.051. However, neither Title VII nor the TCHRA define "race" or "color." So, what exactly is race and color discrimination? Fortunately, the Equal Employment Opportunity Commission ("EEOC") has issued guidance on the definition of these terms.

What To Expect From The EEOC

Many victims of discrimination file a charge with the Equal Employment Opportunity Commission ("EEOC") before trying to hire a lawyer. This is usually a bad idea, as I've addressed in another blog post. However, if you choose to forge ahead pro se, as we say, here is what you can expect from the EEOC:

1.     A Cursory Investigation.  The EEOC is made of up of lot of good, caring people, but they have too many cases and too few people to handle them. As a result, you will likely only get a cursory investigation of your claims. In fact, investigation is too generous a word for what the EEOC does. In most cases the EEOC sends your charge of discrimination to the company, and upon receiving the response from the company closes the case. The EEOC may request you file a reply to the company's response. Once you provide that, the EEOC will likely then close the case. The whole process generally takes 3-6 months.

Unconscionable Arbitration Agreements Are Unenforceable

Over the past few years, the Supreme Court has consistently reaffirmed the Federal Arbitration Act's policy in favor of arbitration. Many moons ago, we blogged about why, more often than not, arbitration is bad for employees. Not surprisingly, employers are requiring their employees to sign arbitration agreements, and thus requiring workers to submit all claims of discrimination, unpaid wages, and other employment disputes to an arbitrator and not a jury. While there are many potential defenses to arbitration agreements available to an individual seeking to bust an arbitration agreement, the most often litigated defense is likely that of unconscionability.

Scott Fiddler Named To 2012 Super Lawyer Top 100 Lawyers List

G. Scott Fiddler has been named by Texas Super Lawyers magazine as one of the best attorneys in Texas for the sixth consecutive year. Texas Super Lawyers' insert is featured in Texas Monthly magazine. Only five percent of the lawyers in the state are named by Super Lawyers, and the selection is made as a result of a rigorous multi-phase selection process that includes, among other things, a statewide survey of lawyers and a peer review of candidates by practice area. Scott Fiddler was also named to the Super Lawyer elite Top 100 attorneys list in Houston, reserved for those attorneys who received the most votes among those named to the Super Lawyer list in Houston. The top 100 "Best of the Best" list is reserved for the top 100 attorneys in Houston, Texas as determined by the Texas Super Lawyer process. The Top 100 "Best of the Best" list can be found here. This honor follows Fiddler's selection by H-Texas Magazine as one of Houston's "Top Lawyers" and as one of the city's "Top 100 Professionals."  Scott Fiddler's listing on the Super Lawyers website can be found here.

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