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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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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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 Jim…
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According to the Fifth Circuit, Title VII’s damages caps apply per person, not per claim. In Black v. Pan American Laboratories, LLC, et al., --- F.3d. ---, 2011 WL 2763096 (5th Cir. July 11, 2011) (not yet released for publication), the employee brought 3 claims of sex discrimination and retaliation…
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In honor of Equal Pay Day, April 13, 2011, Congress reintroduced the Paycheck Fairness Act. If enacted, the legislation would modify the Equal Pay Act of 1963 (EPA), which amended the Fair Labor Standards Act of 1938. The EPA prohibits employers from paying women less than men for performing equal…
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