Picture this: you have a small business with more than fifteen employees. Tough economic times require you to lay someone off. You lay someone off who happens to be female. She sues for sex discrimination. You now have to hire an attorney to defend the claim. The attorney wants a…
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Last week, my husband and I had to cut down our favorite tree. The tree was a Chinese elm that shaded our backyard. It was at least 80 feet tall. When we first bought the house, the tree guy told us it was dying and recommended that we cut it…
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This week, I was on the national Internet radio program Money for Lunch, talking about hot topics in labor, employment, and business law. The first question I was asked was whether, in Texas, an employer can make an employee or potential hire turn over his/her social media password(s). In a…
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Last week, the Fifth Circuit affirmed summary judgment granted in favor of the employer in a discrimination case. In this case, the employee complained that the employer’s decision to give her the second highest possible, but not the highest possible, rating on a performance review was age, race, sex, sexual…
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Last week, I fell out of my office chair onto the floor. The resulting “thud” was so loud that my brother, Russell, who occupies the office below me, immediately phoned to see if I was okay and laugh at me (to his credit, in that order). Other people from down…
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Mark your calendar: on October 10, 2012, at 12:20 p.m. CST, I'll be on the radio blog program Money for Lunch talking about the top five developments in labor and employment law: 1. Social media 2. Arbitration 3. Workplace investigations 4. Retaliation & whistleblowing 5. Transgender discrimination Tune in at…
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I am inspired by people who are masters of their craft. My toddler is an expert in the art of mastery. Yesterday I watched him unlock the door to his dad's truck, open the door, climb in, sit in the driver's seat, start the engine, stop the engine, climb out…
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What is the number one equal employment opportunity (EEO) claim filed against Texas employers? Contrary to what you might think, it is not discrimination based on race, sex, disability, age, national origin, genetic information, or religion. Nor is it sexual harassment or equal pay. According to the EEOC's 2011 statistics, it is retaliation. Retaliation happens…
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This weekend, I attended the 2012 State Bar Labor and Employment Law Institute CLE. I got to meet Mike Maslanka, a lawyer whom I have admired from a distance for several years. I love hearing Mike talk. He always inspires me and makes me laugh. His talk about professionalism and ethics…
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This week, the Texas Supreme Court decided that the Lilly Ledbetter Fair Pay Act does not apply to the Texas Commission on Human Rights Act (TCHRA), the state law mirroring Title VII. (Click here for my previous blog covering the oral argument of this case.) The Lilly Ledbetter Fair Pay…
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