Welcome to Texas Business Matters! Today we talk about another commonly-held myth that prevents employers from acting on a credible claim of sexual harassment—specifically, that of the “Superstar” harasser. The “Superstar” harasser is an employee believed to be too valuable to terminate. Think … [Read more...] about The Myth of the “Superstar” Harasser: What Employers Fail to Understand
EEOC
Plaintiff-Friendly Statute Allows Private Whistleblower Claims by Nursing Home Workers
In Texas, if you work for a private employer, it is often perfectly legal for the employer to fire you for reporting illegal activity. However, there are some notable exceptions to this general rule. One is section 260A.014 of the Texas Health and Safety Code. This 2011 statute prohibits … [Read more...] about Plaintiff-Friendly Statute Allows Private Whistleblower Claims by Nursing Home Workers
2012 Employment Law Highlights: Social Media, Arbitration, and the Top EEO Claim against Texas Employers
2012 brought Texas businesses lots of employment law changes. In case you missed it, here is a short video of my recent talk on the radio program Money for Lunch about some of the highlights, including social media, arbitration, the top EEO claim against Texas employers, and what you can do to … [Read more...] about 2012 Employment Law Highlights: Social Media, Arbitration, and the Top EEO Claim against Texas Employers
The Number One EEO Claim Filed Against Texas Employers: Top Four Tips for Managing the Risk
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 … [Read more...] about The Number One EEO Claim Filed Against Texas Employers: Top Four Tips for Managing the Risk
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
Top 5 EEOC Mediation Tips for Employers
Mediation often occurs at the beginning of the EEOC process, before a lawsuit has been filed or discovery has been conducted, creating unique challenges for employers. Here are my top 5 tips for a successful EEOC mediation. 1. Get the information you need to make a business decision. How strong … [Read more...] about Top 5 EEOC Mediation Tips for Employers