Tag: Employment Discrimination

A Two Day Suspension is Not a Materially Adverse Action – Rules the Fifth Circuit

An employee must show that unpaid leave caused him or her physical, emotional, or economic harm via some documentation and not just conclusory statements in order to establish a “materially adverse action” by the employer.

Employers Should Consider Protection of Trade Secrets When Responding to EEOC Charges

When responding to an EEOC charge of discrimination, employers should always separate and clearly mark any trade secrets or confidential information included in the position statement to the EEOC. This is especially important in light of the EEOC’s new procedures that provide for the release of employers’ position…

Responding to an EEOC Discrimination Charge: A Guide for Texas Employers (Part II)

In Part I, I outlined the EEOC process of investigating a charge of discrimination. In this part, I describe the steps that an employer should take in responding to an EEOC’s charge of discrimination or retaliation. 1.  Calendar the Deadlines.  Don’t think that because the employee’s complaint…

Responding to an EEOC Discrimination Charge: A Guide for Texas Employers (Part I)

Opening mail and finding out that an employee has filed a charge with the Equal Employment Opportunity Commission (EEOC) against your business is as far from a pleasant surprise as it gets. However, it happens to quite a few businesses each year.  In 2014,…

A Minority Employee Must Be “Clearly Better Qualified” For Promotion to Succeed in an Employment Discrimination Claim

Just before the New Year’s Eve, the Fifth Circuit Court of Appeals topped off 2014 with yet another pro-employer decision. In Martinez v. Texas Workforce Commission, the Court found that a Mexican-American employee failed to show that he was passed over for promotion because of his national origin…

An Employee Claiming Unlawful Discharge Based on Religious Beliefs Must Show That the Management and not Coworkers Knew About Such Beliefs – Explains the Fifth Circuit

The Fifth Circuit Court of Appeals is notorious for being pro-business and pro-employer, and its last week’s ruling in Nobach v. Woodland Village Nursing Center, Inc., et al. does little to change that reputation. In this case, Kelsey Nobach, a nursing home activities aide…

10 Major Employment Laws That Every Texas Business Owner Should Know

Building a successful business usually takes a lot of hard work and time.  An ill-timed lawsuit can cause significant damage to the business or even completely ruin it.  Many lawsuits brought by disgruntled employees or rejected job applicants can result in double or triple…

Firing a Mother for Breast Feeding is, Indeed, Sexual Discrimination

Seems like a no-brainer, right? Well, a Texas District Court judge did not think so, so the Fifth Circuit Court of Appeals had to step in and set him straight in Equal Employment Opportunity Commission v. Houston Funding II, Ltd.  Back in February 2012, a…

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