On January 25, 2012, at 12:00 p.m. I’ll be speaking on a panel titled "Title VII Litigation: Persistent Evidentiary Challenges." The webinar will cover common evidentiary issues that employment lawyers who try discrimination, retaliation and harassment claims face including:
Last week I was in Seattle attending the ABA’s 5th Annual Labor and Employment Law Conference. While there have been a number of interesting and informative sessions, I wanted pass along an interesting demonstration that was done by Dr. Anthony Greenwald to demonstrate implicit bias (i.e., the internal, subconscious stereotypes we all allegedly have from
Last week the Supreme Court of Texas granted a Petition for Review to hear the case of Mission Independent School District v. Garcia. While the petition for review has three issues (issue four was not challenged by the respondent), only one is relevant to private employers. The school district argues for a bright line rule that
Prompt and thorough investigations of complaints of harassment and discrimination can provide solid legal defenses to employee lawsuits. Even where there may not be a technical, legal defense (e.g., supervisory harassment resulting in an adverse employment action), investigating employee complaints of inappropriate behavior can paint the employer in a favorable light and is just a good
This week the Fifth Circuit held that a cause of action exists for hostile work environment under the ADEA –the first such express holding in the Circuit. In Dediol v. Best Chevrolet, the plaintiff filed a hostile work environment and constructive discharge claim against the employer.
During the brief two months of employment, Dediol
In Texas, employees and employers are entitled to a telephone hearing before a hearing officer if either party disagrees with an initial determination issued by the Commission in unemployment benefit and Texas Pay Day Act claims. There are some occasions, however, where an employer may consider foregoing these telephone conferences –even if it means losing the unemployment
Verizon agreed to pay $20 million dollars and ceasing using its no-fault attendance policy for absences caused by impairments qualifying as disabilities under the ADAAA. Whatever the size of Verizon’s Human Resources Department, it looks like its going to need to be a lot larger.
As part of the settlement with the EEOC, Verizon agreed that
There’s an old saying in rural America that "pigs get fat and hogs get slaughtered." We used the phrase to describe someone who, instead of being satisfied with what he has, gets greedy. In the litigation context it can be used to describe a party that takes overly aggressive, unreasonable and untenable positions. My fellow bloggers, Work Blawg
Employment Practices Liability Insurance, or EPLI, is business insurance an employer can purchase that will provide protection from losses caused by certain employment disputes with current or former employees. EPLI is in addition to commercial general liability or umbrella policies that normally contain exclusions for most employment claims.
EPLI normally covers the employer, its employees and executives for
In an issue of first impression in the Fifth Circuit, the U.S. Court of Appeals holds that Title VII’s damages cap apply on a "per party" basis rather than on "per claim." In Black v. Pan American, the Plaintiff, Carleen Black, prevailed on her Title VII and TCHRA claims of sex discrimination and