Under Federal and Texas law you can only sue your employer for discrimination. As an El Paso, Texas employment lawyer I have many employees who come see me tell me they really want...
There are damage caps for employment cases under both federal law and Texas law. These caps are based on the size of the employer and apply to what are known as punitive and compen...
Emotional distress claim can be brought after employer retaliation against an employee who filed a claim for lost wages.
The 5th Circuit Court of Appeals has found that a claim of emo...
How much time between the retaliatory act (discipline or termination) and complaint of discrimination is too much to support a claim of retaliation.
In Texas Parks and Wildlife Dep’t ...
In San Antonio Water System v. Nicholas, 461 S.W.3d 131 (Tex. 2015), the Texas Supreme Court overruled a jury verdict and held that an employee who admonished a manager for repeatedly as...
To gain protection from retaliation under the opposition to discrimination clause of Title VII (Federal Law) or Chapter 21(State Law), an employee must have opposed conduct made unlawful...
Both State and Federal laws require an employer to accommodate an employee’s religious practice unless accommodation would cause an “undue hardship,” . The Courts have&nb...
In a discrimination case an employer can avoid liability for harassment by showing that it took proper and reasonable remedial action in response to an employee’s complaint about se...
In Houston Methodist San Jacinto Hospital v. Ford, 483 S.W.3d 588 (Tex. App.—Houston [14th Dist.] 2015), the employee claimed that she was being sexually harassed. Unde...
In Texas Department of Family and Protective Services v. Whitman, ___ S.W.3d ___, 2016 WL 2854149 (Tex. App.—Eastland 2016). the plaintiff/employee, a woman, alleged sexual harassm...
In Alamo Heights Independent School District v. Clark, 2015 WL 6163252 (Tex. App.—San Antonio 2015), one female coach offended another—the employee who sued—by frequent...
In the past unpaid Interns were not always covered by discrimination laws because they were not necessarily considered employees under State or Federal Discrimination laws. . There can b...
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