This recent case brings to mind the old adage, “Never make promises you can’t keep.” Here are the alleged facts: DuPont spun off part of its operations to form a new subsidiary. DuPont gave affected employees an option—keep working for DuPont or go work for the new subsidiary. DuPont allegedly … [Read more...] about Fifth Circuit Certifies Two Questions to Texas Supreme Court Regarding Employment At-Will
Texas Supreme Court Creates New Defense for Employers
This week, my toddler invented a new word: “fleever.” A "fleever" is a make-believe power tool used to clean floors. Any household item may be used as a fleever--a flashlight, a hiking pole, an empty roll of paper towels. At its essence, fleevering involves making sweeping motions across the … [Read more...] about Texas Supreme Court Creates New Defense for Employers
Sex, Religion, & Politics: Things I Learned from My Mother
My mother taught me never to talk about sex, politics, or religion in a social setting. You might ask: where’s the fun in that? But for employers, training employees to avoid these topics in the workplace is not only more fun than getting sued for discrimination or harassment, it is critical to … [Read more...] about Sex, Religion, & Politics: Things I Learned from My Mother
Can Corporate Culture Save Lives? A Case for Intentional Recruiting
What does it mean to be intentional? How can employers be more intentional about their corporate culture? In 2011, NPR published an article called “Heroes of the Taj Hotel: Why They Risked Their Lives.” The article tells the remarkable story of employees of the Taj Majal Palace Hotel in Mumbai, … [Read more...] about Can Corporate Culture Save Lives? A Case for Intentional Recruiting
Absent BFOQ, Transgendered Employees Protected under Title VII
What does discrimination on the basis of "sex" mean under Title VII? When the Civil Rights Act was passed in 1964, it prohibited discrimination based on a lot of really big, important categories---such as race, national origin, religion, and sex. Back then, everybody knew what sex discrimination … [Read more...] about Absent BFOQ, Transgendered Employees Protected under Title VII
EEOC Says Transgender Discrimination Violates Title VII
In 1964, Congress passed the Civil Rights Act. Title VII of the Civil Rights Act outlawed major forms of discrimination, including discrimination based on race, national origin, religion, and sex. At the time, sex discrimination meant discrimination against women. Today, however, courts are … [Read more...] about EEOC Says Transgender Discrimination Violates Title VII
Texas Supreme Court Hears Oral Argument in Age Discrimination Case
Under Texas law, does an employee who is over 40 and who is discharged and replaced with an older employee have the right to sue for age discrimination? That is one of the questions the Texas Supreme Court will decide in Mission Consolidated Independent School District v. Garcia. The Court heard … [Read more...] about Texas Supreme Court Hears Oral Argument in Age Discrimination Case
New Year Reflections
As I reflect on the New Year, I am reminded of the words of Albert Einstein: "Strange is our situation here on earth. Each of us comes for a short visit, not knowing why, yet sometimes seeming to divine purpose. From the standpoint of daily life, however, there is one thing we do know: That we … [Read more...] about New Year Reflections
No-Ho-Ho: Managing Risk from Holiday Party Is No Laughing Matter
Ah, the company holiday party. Some employees live for them, others dread them. Most would agree that memorable things happen at them, including some things we would rather forget. Holiday party–related activities that have resulted in a lawsuit against a Texas employer include: • A skit … [Read more...] about No-Ho-Ho: Managing Risk from Holiday Party Is No Laughing Matter
Social Media 101 for Texas Employers
An employee’s Facebook page or Twitter feed may provide significant information to her employer, including what the employee is saying about the employer outside of work. But when is an employee’s tweet or Facebook post protected and when is it grounds for termination? According to recent … [Read more...] about Social Media 101 for Texas Employers