Texas Employment Law Update

Texas Employment Law Update

A Resource for Texas Employers

Tag Archives: charge of discrimination

Houston Court of Appeals Holds that Allegation of Constructive Discharge Must be Included in the Charge of Discrimination

Posted in Case Summaries, Race, Retaliation, Sex and Gender
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

El Paso Court of Appeals Holds that Employer May Use Mandamus Petition to Challenge Trial Court’s Jurisdiction Where Employee’s Charge of Discrimination was not Timely

Posted in Case Summaries, Disability, Discrimination, Harassment
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. … Continue Reading

EEOC Charge Filings Surged in 2008

Posted in Discrimination, Harassment, Retaliation
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… Continue Reading