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Discrimination In The Workplace Dallas TX

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Most Common Workplace Lawsuits and How to Minimize Their Impact

Employment-related lawsuits are common and employees may sue employers for a variety of reasons.  Sometimes even the most buttoned-up organization may find itself charged with an employment law violation that ends in a courtroom. A lawsuit can be costly and inconvenient for an employer, so the best way to minimize legal damages is to take appropriate action in advance of any lawsuit so that you can successfully defend and defeat that lawsuit at the lowest cost possible. Here some common workplace lawsuits and how to efficiently manage them. Harassment When you think of harassment in the workplace, sexual harassment may Read more
oskyadmin May 23, 2023 , , , , , 25 0 Read more
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What is the “Cat’s Paw” Theory of Liability When it Comes to Retaliation?

Just like any community, the workplace is subject to conflict.  Places of employment can be subject to strife based on differences of opinion, unreturned romantic interest, and racial prejudices. It can be difficult for employers to tease out legitimate discrimination claims from those manufactured to sabotage a co-worker.  Employers are advised to exercise caution with employee complaints to avoid being burned by the Cat’s Paw theory of liability. What Is the Cat’s Paw Theory of Liability? The Cat’s Paw theory of liability is based on the fable in which a monkey tricks a cat into pulling chestnuts from a fire. Read more
Simon Paschal February 27, 2023 , , , , 117 0 Read more
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CROWN Act Ordinance Passes in Austin, TX

Employers in Texas should know that Austin has become the first city in Texas to pass the CROWN Act. The passage of this law will have important employment law implications in the state. Our Frisco employment law attorneys can provide you with more information about the CROWN Act, including what it is intended to do and how it can impact employers and businesses in Texas. If you have questions or if you need more information about your legal responsibilities as an employer, it is crucial to seek advice from a lawyer who can ensure that you are in compliance with Read more
oskyadmin December 29, 2022 , , , 122 0 Read more
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Avoid Discriminatory Filters Using AI Tools in Employment Searches

Texas employers who are planning to hire new employees may be considering the use of artificial intelligence (AI) technology to assist in the hiring process. According to an article in Risk Management, AI technology provides several benefits to employers in many different fields and industries. As that article explains, “some of the applications include employee recruitment and hiring, with AI promising to bring increased efficiency, lower costs, and better candidates to companies that employ technology in recruiting and hiring.” Unfortunately, some AI tools can be discriminatory and may open your business to liability to employment discrimination claims. One problem with Read more
Simon Paschal December 14, 2022 , , , , 158 0 Read more
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Understanding Age Discrimination Claims in Texas

Age discrimination in employment in Texas is prohibited under the federal Age Discrimination in Employment Act of 1967 (ADEA) and Chapter 21 of the Texas Labor Code. However, employers in Texas need to know that federal and state laws only protect against discrimination against employees who are 40 years of age or older. Further, employers may only be covered — and thus required to comply with the law — if they employ 15 or more workers (although the ADEA has an employee threshold of 20 or more employees, Chapter 21 sets the threshold at 15 and, thus, employers in Texas Read more
Simon Paschal September 15, 2022 , , , , , , , , , , , 782 0 Read more
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How to Respond to an Employment Discrimination Complaint

If the Texas Workforce Commission (TWC) or the U.S. Equal Employment Opportunity Commission (EEOC) receives an employment discrimination complaint from an employee at your business, how should you respond?  It is important to know how to respond to such a complaint, and to understand the necessary steps to take to protect your business and remain in compliance with state and/or federal law. The TWC provides details for businesses and employers on how to respond to employment discrimination complaints made to the agency, and our Frisco employment law attorneys can provide you with more information. Understand Why an Employment Discrimination Complaint Read more
Simon Paschal May 12, 2022 , , , , , , , 603 0 Read more
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Changes Employers Need to Know Regarding Texas Sexual Harassment Law

Starting on September 1, 2021, Texas’ sexual harassment law will have some fairly significant changes.  This past summer, both the Texas state house and senate passed amendments to Section 21 of the Texas Labor Code. The most significant change is that the law will now apply to companies with one employee or more (previously the law only applied to employers with 15 or more employees). The new law now covers every employer in Texas.  The definition of employer is also expanding to include individuals who act “directly in the interests of an employer in relation to an employee.”  This means Read more
Simon Paschal August 13, 2021 , , , , , , , , 615 0 Read more
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Is a Business Legally Required to Follow its Own Policies/Handbook?

Business owners in Texas should have written policies and, ideally, an employee handbook that compiles all of the policies and expectations within the workplace. Employee handbooks can provide important information and protections for the employee and employer alike. Yet situations might arise in which an employer believes that a particular policy that is written in the employee handbook should not apply, or that a specific workplace policy the employer created previously should not be followed in a specific circumstance. In these types of scenarios, is a business legally required to follow its own policies or employee handbook? The answer to Read more
Simon Paschal May 17, 2021 , , , , , 10889 0 Read more
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Damages to Expect in Common Employment Law Cases

When facing a workplace claim or lawsuit from a current or former employee, it is useful for employers to know the types of damages they may be expected to pay in common employment law cases. Generally speaking, whether an employee has filed a wage and hour violation claim, an employment discrimination case, a retaliation case, or a wrongful termination lawsuit, the purpose of the remedy is to put that employee in the same position that she or he would have been in but for the violation (although punitive damages are also often available). When an employee wins a claim against Read more
Simon Paschal April 29, 2021 , , , , , 9391 0 Read more
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EEOC Releases Changes to Compliance Manual on Religious Discrimination

Employers in Texas should be aware of the recent compliance manual changes from the U.S. Equal Employment Opportunity Commission (EEOC) on religious discrimination in the workplace. The changes to the compliance manual focus specifically on religious discrimination under Title VII of the Civil Rights Act of 1964. As the EEOC explains, “under Title VII, an employer is prohibited from discriminating because of religion in hiring, promotion, discharge, compensation, or other terms, conditions or privileges of employment, and also cannot ‘limit, segregate, or classify’ applicants or employees based on religion ‘in any way which would deprive or tend to deprive any Read more
Simon Paschal April 26, 2021 , , , , , 9568 0 Read more
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