Supreme Court Update

While many of us were focused on COVID-19 over the summer, the United States Supreme Court issued three major decisions affecting the workplace.  Here is what you need to know. LGBTQ Protections The Supreme Court issued a 6-3 opinion in which the Court extended Title VII’s anti-discrimination protections to LGBTQ workers.  The majority decided the […]

US Supreme Court Issues LGBT Discrimination Decision

On June 15, 2020, the U.S. Supreme Court issued a 6-3 opinion in which the Court extended Title VII’s anti-discrimination protections to LGBT workers. Justice Gorsuch authored the majority opinion and was joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, and Kagan. The majority decided the case on a very simple basis – […]

Religious Accommodation in the Texas Workplace

Title VII of the Civil Rights Act of 1964 protects employees (in companies with 15 employees or more) from religious discrimination and requires that employers reasonably accommodate the sincerely held religious, ethical and moral beliefs and practices of their employees, unless doing so will be an undue hardship on the employer.  (State and local government […]

Prohibited Job Application & Interview Questions

Allowed Job Interview & Application Questions Under various Federal (and Texas) laws, it is illegal for an employer to discriminate against a job applicant because of his or her race, color, sex (including pregnancy), national origin, age (40 or older), veteran’s status, disability or genetic information. While these restrictions would seem to prohibit a fairly […]

Anti-Discrimination and Harassment Prevention Training

Harassment prevention training is a critically important component of an organization’s plan to prevent discrimination and harassment in the workplace. Workplace discrimination and harassment can lead to lawsuits that can do serious damage to a company’s finances and reputation. Importance of Anti-Discrimination Training Anti-discrimination training protects your business from disputes involving harassment, discrimination, and violation […]

The ADA and Mental Disabilities

We are in the process of preparing our “Sensitive Employee Relations” presentation for the upcoming Frisco HR Summit at the end of March, so we thought we would provide you a preview of that speech while also providing some valuable information regarding mental disabilities and mental health and their relation to the Americans with Disabilities […]

President Trump Appoints Acting EEOC and NLRB Chairs

Last week, President Trump appointed EEOC Commissioner Victoria Lipnic as Acting Chair of the EEOC and appointed NLRB Board Member Philip Miscimarra as Acting Chair of the NLRB. As an EEOC Commissioner, Lipnic served as a member of the EEOC’s Select Task Force on the Study of Harassment in the workplace.  Prior to her time […]

Discrimination Changes on the Horizon?

At the time of the June 30, 2014 Burwell v. Hobby Lobby, Inc. decision from the United States Supreme Court, many employment law experts and practitioners recognized that the Court’s decision to let Hobby Lobby opt out of portions of the Affordable Care Act (aka Obamacare) on religious grounds could lead to a litany of lower […]

New EEOC Guidance on Retaliation

We posted a few days ago about the EEOC’s new guidance on Position Statements.  Well, the EEOC has been busy because they also have proposed new enforcement guidance regarding retaliation claims and charges.  From January 21, 2016 through February 24, 2016, the EEOC accepted input regarding its draft proposed enforcement guidance on retaliation claims.  The […]

EEOC Position Statements

In order to assist employers in drafting EEOC position statements, we recently released a video on our YouTube page outlining tips for crafting EEOC position statements.  As a follow up to that video, we want to highlight the EEOC’s recent updated information and guidance regarding employer position statements.  A position statement is the employer’s response to an […]