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 African American pharmacy supervisor for the… Continue Reading
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Texas Supreme Court Agrees to Hear TCHRA Preemption Case
Posted in Case Summaries, Harassment, Sex and GenderThe 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 negligence)… Continue Reading
Texas Employers Should Educate Themselves on Dealing with Transgender Employees
Posted in Sex and GenderDiane 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 States (about… Continue Reading