In a rare employment case issuing from the Texas Supreme Court, the Court held that morbid obesity, without some evidence that it is caused by an underlying physiological disorder or condition, does not qualify as a disability under state ant-discrimination laws. The case arose following the termination of a medical resident who was employed by
Texas Passes CROWN Act Prohibiting Racial Discrimination in Hairstyles
Beginning on September 1, 2023, the Texas Labor Code will prohibit race discrimination on the basis of an employee’s hair texture or a protective hairstyle commonly or historically associated with race. Protected hairstyle includes braids, locks, and twists. Twenty states have pass similar laws commonly referred to as CROWN Acts. CROWN is an acronym for
Fifth Circuit Remands Title VII Case to Consider if EEOC’s Two Right to Sue Notices Misled Employee
Employees bringing claims under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act must exhaust their administrative remedies with the EEOC prior to filing suit against an employer. These administrative remedies include timely filing charge of discrimination, obtaining a right to sue letter and timely
Employers Not Ordinarily Required to Provide Competition-Free Transfers to Disabled Employees as Reasonable Accommodation Absent Special Circumstances Says Fifth Circuit
In a significant case involving an employer’s obligation to transfer a disabled employee, who cannot perform the essential functions of the employee’s current position, to an open, vacant position, the Fifth Circuit Court of Appeals held that an employer’s policy of hiring the most qualified candidate to fill vacant positions need not be ignored by
Texas Businesses Likely to See More Employment Litigation in 2023 and Beyond if Employees Prevail in Pending Appeals
The results of three pending cases could greatly increase the amount of employment-related litigation Texas employers may face in 2023 and beyond. In Groff v. DeJoy, Postmaster General of the United States Postal Service, the U.S. Supreme Court is considering what the lengths to which an employer must go to accommodate an employee’s sincerely
Diversity Initiatives that Grant Advantages to Underrepresented Groups Can Give Rise to Discrimination Claims
The U.S. Supreme Court is considering the future viability of affirmative action plans in the academic sphere and could make significant changes to the legality of race-based admissions policies in colleges and universities. Like academia, over the last twenty years, many companies have adopted diversity and affirmative action programs (even where not required by
Fortune 50 Company Recommendations to Improve Anti-Harassment & Non-Discrimination Policies and Practices
Want to evaluate whether you need to improve your company’s sexual harassment and gender discrimination policies or get recommendations for potential improvements to those policies? A company can spend tens or hundreds of thousands of dollars to engage a large law firm to study the company’s policies and make recommendations for improvement. Alternatively, a company
How to Know the Defense of your Racial Discrimination Claim is Failing? The Jury asks for a Calculator
In a recent case out of a federal court in Houston, a former African American sales representative for FedEx received a jury verdict in the amount of $366M. In that case, Jennifer Harris claimed that she opposed racial discrimination and that she was retaliated against and terminated for engaging in her protected activity. She brought
Texas Legislature Expands Scope of Liability for Claims of Sexual Harassment
Effective September 1, 2021, a pair of bills passed by the Texas Legislature will expand the scope of employer liability for claims of sexual harassment. The bill makes four important amendments to the Texas Commission on Human Rights Act (“Act”).
First the amendment defines what constitutes sexual harassment under state law. Sexual harassment means an
Fifth Circuit Affirms Summary Judgment for Employer in Transgender Title VII Case
In Wittmer v. Phillips 66 Company, the Fifth Court of Appeals affirmed a trial court’s summary judgment in favor of Phillips 66 on a claim of employment discrimination based on transgender status. While affirming the judgment for the employer, the Court wrote to reject the district court’s summary conclusion that Title VII prohibited employment