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Emily Frost

Counting Employees under Title VII, the ADA, and the ADEA: Do Part-Time Employees Count?

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Earlier this month, I spoke to the Travis County Women Lawyers Association on employment law. One of the audience members asked a good question, which is: for an employer to be subject to Title VII, it has to have at least 15 employees. Do part-time employees count? Answer: liability under Title … [Read more...] about Counting Employees under Title VII, the ADA, and the ADEA: Do Part-Time Employees Count?

Arbitration Clause in English Signed by Spanish-Speaking Employee: Enforceable?

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Here’s a recent arbitration case that will interest employers with Spanish-speaking employees. In Delfingen US-Texas L.P. v Valenzuela, the employee sued the employer for workers’ compensation retaliation. Because the employee had signed an arbitration agreement, the employer filed a motion to … [Read more...] about Arbitration Clause in English Signed by Spanish-Speaking Employee: Enforceable?

Sexual Harassment 101 for Texas Employers: When Can a Volunteer Sue?

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I had a great time speaking to the Manor Chamber of Commerce last week on sexual harassment. One of the members asked a good question, which is: do the laws governing sexual harassment apply to volunteers? Generally, the answer is no. Title VII and the Texas Commission on Human Rights Act (TCHRA), … [Read more...] about Sexual Harassment 101 for Texas Employers: When Can a Volunteer Sue?

A Tale of Two Coaches’ Consensual Acts with Students: Did UT Discriminate?

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In late 2012, UT women’s track coach Bev Kearney was forced to resign after admitting to a consensual, year-long relationship with one of her athletes in the early 2000s. Not a month later, the Daily Texan reported that Major Applewhite, a UT assistant football coach, engaged in a one-time sexual … [Read more...] about A Tale of Two Coaches’ Consensual Acts with Students: Did UT Discriminate?

Where the Wild Things Are: A Primer for Dealing with Anger

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My toddler’s favorite book right now is Where the Wild Things Are, by Maurice Sendak. In Where the Wild Things Are, we meet Max. Dressed up in his wolf suit, Max creates mischief of one kind (he ties a sheet into knots and nails it to the wall to make a clothesline). And another (Max leaps off the … [Read more...] about Where the Wild Things Are: A Primer for Dealing with Anger

Sandy Hook: a Litigator’s Thoughts

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As a business and employment litigator, I am interested in conflict and its resolution. I was stunned when I heard about the Sandy Hook shooting. I asked myself: why did this happen? How could someone commit such atrocious acts? How can we prevent such atrocities in the future? I once worked with a … [Read more...] about Sandy Hook: a Litigator’s Thoughts

Texas Whistleblower Update: Court of Appeals Ruling Invites Supreme Court Review

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Texas has a statute that protects public whistleblowers who make a good faith report of a violation of law by a public agency or employee to the appropriate law enforcement agency. According to the statute, “appropriate law enforcement agency” is a governmental agency that the employee in good faith … [Read more...] about Texas Whistleblower Update: Court of Appeals Ruling Invites Supreme Court Review

2012 Employment Law Highlights: Social Media, Arbitration, and the Top EEO Claim against Texas Employers

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2012 brought Texas businesses lots of employment law changes. In case you missed it, here is a short video of my recent talk on the radio program Money for Lunch about some of the highlights, including social media, arbitration, the top EEO claim against Texas employers, and what you can do to … [Read more...] about 2012 Employment Law Highlights: Social Media, Arbitration, and the Top EEO Claim against Texas Employers

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