texas law

Drilling company Patterson-UTI Energy Inc. on Tuesday agreed to pay $12.2 million to settle the U.S. Equal Employment Opportunity Commission’s lawsuit accusing it of discriminating against its minority workers and allowing a hostile work environment.  The settlement will compensate minority workers who were subject to discrimination since 2006.  This is not the first time a […]

Front pay compensates the employee for the future effects of discrimination when reinstatement would be an appropriate, but not feasible, remedy or for the estimated length of the interim period before the plaintiff could return to her former position. Pollard v. E.I. du Pont de Nemours & Co., 532 U.S. 843, 850 (2001).  Although reinstatement is

Many employers who have group health insurance for their employees have what are known as “wellness programs”.  These programs are designed as incentives for employees to have more healthful lifestyles.  As part of these programs the employees are sometimes required to give personal information such as blood pressure readings, cholesterol reading and Body Mass Index

Roger Davie was named as a Super Lawyer again in 2015 in the area of Employment law. this is a Nation wide award that is given to only the premier lawyers in the Nation.  The receipients are vetted through local nominations of other practicing attorneys.  This is considered one of the most prestigious awards to be

As I have written about before you can prove an age discrimination case by circumstantial evidence if you can prove that you were replaced by a substantially younger individual and that there was no reason or a false reason for your termination.  But the question that always arises is what is substantially younger?  The 5th

Recently the 5th Circuit Court of Appeals reversed a decision dismissing an employee’s lawsuit on discrimination for lack of evidence.  In this case of Etienne v. Spanish Lake Truck & Casino Plaza, L.L.C., 547 Fed. App. 484 (5th Cir. 2015) the 5th Cir held that evidence a decision-making supervisor’s comment to an employee seeking promotion that

Workers’ compensation is a state-regulated insurance system that is suposed to ensure that medical bills and some lost wages are paid for employees injured on the job. Texas does not require most private employers to have workers’ compensation insurance coverage. Employers not providing workers’ compensation insurance coverage are known as non-subscribers. Texas is unusual because most States

In a prior post I have written about the fact that many workers in El Paso, Texas work for employers who do not carry Texas workers’ compensation but have their own self insured work injury plans known as ERISA plans.  These employers are known as nonsubscribers because they do not subscribe to the Texas workers’

In the case of Graziosi v. City of Greenville Mississippi, 2015 U.S. App. LEXIS 370 (5th Cir. 2015 the 5th Cir held that  a city police sergeant was not protected from retaliation by the First Amendment with respect to her Facebook post criticizing the police chief for failing to allow officers to use department vehicles to attend

Update:  The US Supreme Court reverses the below decision and holds that Abercrombie & Fitch’s refusal to hire Muslim woman who wears a headscarve is a violation of Title VII religious discrimination.  This is a victory for the religious rights of workers in Las Cruces, New Mexico and El Paso, Texas.  While the original decision