The Texas Tribune had a recent article on the current status of Workers’ Compensation laws in Texas. Among the findings was that Insurance companies dispute injured workers claims in whole or part 45% of the time and when serious disputes arise injured workers win only one-third of the time. Because it is difficult to obtain […]
Workers Compensation is unfair to injured workers Read More »
This last week marked 60 years of the Civil Rights Act of 1964 now known as Title VII that protects employees from discrimination on the basis of Race Color Sex National Origin and Religion. Prior to this Act there was little to no protection for employees. Prior to this act there were typical “Help Wanted”
50 years of the Civil Rights Act of 1964 (Title VII) Read More »
The article below from the Associated Press’ Nedra Pickler about Obama signing an executive order protecting Federal workers and Federal Contractors makes me believe that eventually Title VII of the Civil Rights Act will be amended to protect a persons sexual orientation. Currently neither Texas law nor El Paso, Texas Municipal law on discrimination protect gays
Will Title VII be amended to protect gay and lesbians from work discrimination? Read More »
Candidates for governor differ on the need for reform A number of recent articles in the media are putting the spotlight on Texas’ unique workers’ compensation system, according to the Texas Tribune. Texas is the only state that currently does not require private employers to carry workers’ compensation insurance or a private equivalent for their employees,
Below is a recent newspaper article regarding the new protections that will protect Gay, transgender workers from work discrimination in El Paso, Texas and Las Cruces, New Mexico. Note that it only effects Federal workers and Federal Contractors. However with the large number of Federal Contractors in El Paso and Las Cruces this should provide some
Gay, Transgender Workers Gain US Bias Protection Read More »
In El Paso, Texas I have many pregnant clients who are put on light duty by their doctors. The question is always “does my employer have to give me light duty if I have a doctor’s note”? The answer is, according to the Equal Employment Opportunity Commission (EEOC) at least yes, if the employer gives
Is an employer required to give Pregnant women light duty work? Read More »
Roger Davie named by Texas Monthly Magazine as an El Paso Outstanding Employment Lawyer for 2014. This was awarded in the October issue of the Texas Monthly Magazine. Roger Davie is an El Paso employment lawyer and is licensed in Texas and New Mexico and is Board Certified by the Texas Board of Legal Specialization.
Roger Davie named by Texas Monthly Magazine as an El Paso Outstanding Employment Lawyer Read More »
The 5th Cir ruled that if you are fired for serving on a federal jury (including a grand jury) you have to prove that but for your service you would not have been fired. In Rogers’ v. Bromac the District Court held that the reason the employee was fired was because she made an inappropriate
Federal courts make it harder to sue for jury service discrimination Read More »
In a surprising 5th Cir opinion of Davis vs. Ft. Bend County the 5th Circuit held that District Court Judges should tread lightly when determining if an employees religious belief is sincerely held. This was not the victory we had hoped for because it should be the jury who makes that decision not a Judge.
Good news in Religious Accommodation Read More »
If you have a claim against the Government in New Mexico you may need to send out Notice very quickly. The Statute of Limitations against a governmental entity in New Mexico is generally shorter (personal injury is two years in New Mexico as opposed to three years for a non governmental agency) – Claims against New
New Mexico Statute of Limitations and Notice Provisions Against a Governmental Agency Read More »