In 2021, the Texas legislature will consider employment law bills that will: expand employment discrimination to include gender identity and expression, require paid sick leave; prohibit inquiries into wage history or criminal background (prior to offer of employment); require advanced notice of work schedules in food and retail establishments; prohibit non-disclosure and arbitration contracts in sexual harassment disputes, and raise minimum wage, among others.
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
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
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
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