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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This week, referring to his favorite object, my iPhone, my two and a half year old proclaimed: “I’m going to charge it like a man.” What? Who taught him the phrase “like a man”? What does he think it means? I asked him these questions, and he just beamed at…
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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…
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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 floor.…
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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…
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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,…
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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 meant—it meant discrimination…
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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 grappling with the boundaries of sex discrimination…
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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…
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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…
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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 performed during a company…
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