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?
Age Discrimination
“Real Evil Look” Insufficient to Establish Hostile Work Environment
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, … [Read more...] about “Real Evil Look” Insufficient to Establish Hostile Work Environment
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
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
Severance Savvy 101 for Employers
In August, global technology giant 3M agreed to pay $3 million to the EEOC to end a nationwide age discrimination law suit. According to the EEOC, 3M laid off many highly paid older employees to make way for younger leaders. The EEOC’s investigation uncovered an employee email describing then-CEO … [Read more...] about Severance Savvy 101 for Employers