Today, the U.S. Supreme Court held that a Title VII plaintiff challenging a job transfer that was allegedly ordered because of her sex but did not result in a decrease in pay or benefits may still state a claim for relief if she can show the transfer brought about some harm with respect to an
Expanded Accommodations for Women with Need to Express Breast Milk at Work
Also included in the omnibus spending bill are expanded accommodations for women that need to express breast milk in the workplace. The Providing Urgent Maternal Protections for Nursing Mothers Act or the PUMP for Nursing Mothers Act expands the federal workplace protections for women with a need to express breast milk passed in 2010.
Pregnant Employees Get Additional Protections in Congress’ Omnibus Spending Bill
Several provisions of the $1.7 trillion, 4,400-page Omnibus spending bill passed by Congress and expected to be signed by the President, are additional employment protections for pregnant women. Today we cover the Pregnant Workers Fairness Act (“PWFA” or “Act”) that requires covered employers to provide reasonable accommodations to women with limitations caused by pregnancy, childbirth,
The Speak Out Act: Eliminating Pre-Dispute Non-Disclosure And Non-Disparagement Agreements For Workplace Sexual Harassment And Assault Matters
President Biden recently signed the Speak Out Act, the latest in a set of bills focusing on workplace sexual harassment and sexual assault. According to the legislative findings of the Act, 81% of women and 43% of men have experienced some form of sexual harassment or sexual assault throughout their lifetime, one in three
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
Houston Court of Appeals Holds that Allegation of Constructive Discharge Must be Included in the Charge of Discrimination
In an opinion likely to prove useful to employers defending a termination based on a constructive discharge theory, a Houston Court of Appeals held that a resigning employee whose charge of discrimination lacks an allegation of constructive discharge, fails to exhaust his administrative remedies on that theory. In court of appeals opinion, Parker was an
Texas Supreme Court Agrees to Hear TCHRA Preemption Case
The Supreme Court of Texas agreed to hear a case affirming summary judgment in favor of an employer sued for the acts of its supervisor in a sexual assault case. In B.C. v. Steak and Shake Operations, the Dallas Court of Appeals held that the employee’s common law tort claims (i.e., assault, battery, and
Texas Employers Should Educate Themselves on Dealing with Transgender Employees
Diane Sawyer’s primetime interview with Bruce Jenner where he confirmed that he is transgender, and more closely identifies with the female rather than male gender, has raised awareness on the issues that affect these individuals. An estimated 19 million people watched the two hour interview. There are an estimated 700,000 transgender individuals in the United
Fifth Circuit Reverses Controversial Trial Court Decision and Holds Termination of Employee for Expressing Breast Milk Constitutes Sex Discrimination
Last week the Fifth Circuit Court of Appeals reversed a widely criticized trial court ruling that had held that a discharge of an employee because she was lactating or expressing breast milk did not constitute unlawful sex discrimination. In EEOC v. Houston Funding, II, Ltd, the employer moved for summary judgment arguing that Title
Texas Employers Must Provide Breaks for Breastfeeding Mothers
Since at least 1995 Texas law has provided that women has a right to breastfeed in public in any place in which they are legally authorized to be. Last week, the health care reform signed by the President amended the Fair Labor Standards Act to require covered employers to provide reasonable break time for nursing