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Employment Law

Court holds firm on 180-day deadline for filing discrimination complaints with TCHR

05/04/2015

A Texas court has refused to give workers additional time to file discrimination lawsuits based on a so-called “discovery” rule. The case involved an employee who argued he had more time to sue because he did not realize he had been discriminated against during the 180 days immediately following the alleged discrimination. He said it took longer than that for it to become obvious that bias had occurred.

Sorry, it’s never acceptable to make jokes comparing employees to animals

05/04/2015
If you want to lose a hostile environment lawsuit, go ahead and ignore complaints and let managers act like bigots and racists. A recent case illustrates just how big a mistake tolerating such nonsense can be.

Texas leads nation in number of EEOC charges

05/04/2015
More EEOC charges originated in Texas in fiscal year 2014 than any other state.

Stress from tough boss isn’t a disability

05/04/2015
Some supervisors are hard to handle, especially for subordinates sensitive to criticism. But the resulting stress isn’t usually a disability under the ADA and therefore doesn’t have to be accommodated.

Supremes: Courts may review EEOC for good faith

05/04/2015
The U.S. Supreme Court ruled April 29 that courts have the authority to review whether the EEOC made a good-faith attempt to conciliate discrimination complaints before suing employers, as required by Title VII of the Civil Rights Act. The unanimous decision in Mach Mining v. EEOC is a limited win for employers.

EEOC: Title VII covers transgender employees

05/01/2015
Arguing that Title VII’s prohibition on sex discrimination covers transgender employees, the EEOC successfully pursued a bias claim filed by an employee who was fired shortly after beginning a transition from male to female.

Pope Francis calls gender pay gap ‘pure scandal’

05/01/2015
Pope Francis used the occasion of his weekly general audience on April 29 to call for pay equity between men and women.

Supreme Court: Rethink pregnancy leave policy

05/01/2015
The U.S. Supreme Court recently issued a long-awaited ruling that aimed to settle the controversy surrounding when employers must give light-duty work to pregnant employees.

Court moves FedEx ADA case to Pittsburgh

04/29/2015
Over EEOC objections, a trial to determine whether FedEx discriminated against deaf employees has been moved from Baltimore to a Pittsburgh courtroom. FedEx sought the change of venue, noting that its headquarters and those responsible for developing company policies on training and accommodation are based in Pittsburgh.

Pennsylvania hospital becomes a ‘no nicotine’ employer

04/29/2015
On April 1, Holy Spirit Hospital in Camp Hill began refusing to hire anyone who tests positive for nicotine use.