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
What is Employment Practices Liability Insurance and Does My Company Need It?
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
Fifth Circuit Holds Title VII Damage Caps Apply “Per Party” Not “Per Claim”
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
Fifth Circuit Holds Loss of Consortium Damages Unavailable To Spouse of Successful Title VII Plaintiff
The Fifth Circuit held today that a spouse of a successful Title VII plaintiff cannot maintain a legal claim for loss of consortium (i.e., loss of spousal services) under state and federal law. In Barker, Tracey Barker was a civilian worker employed by Halliburton (aka KBR). She claimed she was subjected to sexual harassment, retaliation and
USERRA Provides No Cause of Action for Hostile Environment Discrimination
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
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
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.
Texas Supreme Court Serves Up Significant Victory for Texas Employers
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
City of Houston Adds Sexual Orientation and Gender Identity as Prohibited Types of Discrimination
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
EEOC and Law Firm go Toe-to-Toe over Administrative Subpoena for Law Firm Documents in Sexual Harassment Investigation
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
Supreme Court Holds Collective Bargaining Agreement Can Require Arbitration of Age Discrimination Claims
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