The 7th circuit court of appeals recently held that it can be retaliation when a corporation publically disclosed that an employee filed a claim with the Equal Employment Occupational Commission (EEOC). The employee basically said that this disclosure made it impossible for her to get a job. With the increased use of the Internet it […]
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The 5th Cir recently ruled that a Plaintiff who had alleged sexual discrimination must allege it in the EEOC forms. Even though the Plaintiff has talked about retaliation from making a complaint of sexual discrimination to her employer she did not explicitly claim that she was sexually discriminated against and therefore the claim failed based
The EEOC forms matter Read More »
Does it matter if you are classified as an independent contractor as opposed to an employee? Yes it does because employees have many benefits denied to employees. These rights include: the ability to enforce civil discrimination laws (race gender national origin age and disability discrimination for example) the right to participate in retirement and health
Independent Contractors vs Employees in New Mexico Read More »
In Kaup v. Texas Workforce Commission, Global Security Consulting et al 01-14-00084-CV (Texas Court of Appeals Hourston 1st District) The court held that because the employer had a policy requiring permission for outside employment the employee violated the companies policy and was thus not entitled to unemployment compensation. The Court reasoned that this rule of the company constituted
Working a second job can get you fired and denied unemployment compensation Read More »
Generally you have to file your claim with the EEOC (or Texas Commission on Human Rights*) within 180 days** under Texas state law. In the University of Texas M.D. Anderson Cancer Center v. Eltonsy, ___ S.W.3d ___, 2014 WL 5791554 (Tex. App.—Houston [14th Dist.] 2014) the Court held the time runs from when the employee learns of the discrimination
When do you have to file your claim for discrimination? Read More »
Anti-retaliation laws require a plaintiff to prove the employer took a materially adverse action against the plaintiff. Courts have struggled with what is a materially adverse action. In Halliburton v. Administrative Review Board, 771 F.3d 254 (5th Cir. 2014) the Court held that simply revealing the employee’s name was enough to show materially adverse because it subjected the employee to ridicule
What is “Materially Adverse” action by an Employer Read More »
Glen Johnson was horribly burned in a smelter explosion. As part of his rehab he was given a membership to a gym to help with his injuries. The gym had swipe cards but because of Johnson’s injuries the gym employees did not make him use the swipe card but simply opened the gate for him.
The Supreme Court in the case of the United States v. Windsor struck down the Defense of Marriage Act (DOMA Section 3) as unconstitutional. Most lawyers believe that this case signals that the U.S. Supreme Court will recognize Same Sex Marriage as a constitution right for all states. This will certainly affect many laws but
Employees who work for the government have a First Amendment Right of Free Speech. However the U.S. Supreme Court has limited that right to very specific types of Speech. One of the requirements is that the speech must “Regard a Public Concern”. In Graziosi v. City of Greenville Mississippi, 2015 U.S. App. LEXIS 370 (5th
First Amendment Retaliation for Public Employees – Be careful of your Facebook Posts Read More »