In an issue of first impression, the U.S. Court of Appeals for the Fifth Circuit (the federal appellate court hearing cases from Texas), held that the Uniformed Services Employment and Reemployment Rights Act (USERRA) provides no cause of action for a hostile work environment that is created because of a service member’s military service.
The Plaintiffs, in Carder
The El Paso Court of Appeals held this week that a Texas employer can use mandamus petition to challenge a trial court’s jurisdiction where the plaintiff-employee failed to file his charge of discrimination timely. A link to the opinion is here.
The Supreme Court of Texas served up a significant victory for Waffle House in a case holding that a plaintiff alleging both a statutory sexual harassment claim and a negligent supervision and retention claim based on the same conduct is limited to recovering solely on the statutory remedy.
Here are the facts as reported by the
By Executive Order dated March 25, 2010, Houston Mayor Annise Parker, added sexual orientation and gender identity as protected categories under the City’s anti-discrimination, harassment and retaliation policy. The Order prohibits discrimination, harassment and retaliation based on gender identity and sexual orientation in all of the City’s employment, contracting and vending activities and in the provision and accessing of
When investigating a charge of discrimination, the EEOC has the authority to issue administrative subpoenas requiring employers to produce relevant information. This power, however, is rarely used because most employers voluntarily comply with the EEOC’s reasonable requests for information.
In San Antonio, a law firm respondent is testing the EEOC’s powers to require information be produced
Today, the U.S. Supreme Court held that provisions in collective bargaining agreements that clearly and unmistakably require union members to submit statutory discrimination claims to the grievance and dispute resolution provisions of the agreement are binding and enforceable.
In 14 Penn Plaza LLC v. Pyett , a dispute arose over a commercial office building’s reassignment of night watchmen employees
The EEOC recently released the latest statistics detailing the number of charges of discrimination filed in 2008. Last year marked the largest number of charges filed in a single year totaling 95,402 charges of discrimination. While every category of charges increased (and the total increased 15.2 percent over 2007), charges of age discrimination and retaliation increased