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?
Race Discrimination
A Tale of Two Coaches’ Consensual Acts with Students: Did UT Discriminate?
In late 2012, UT women’s track coach Bev Kearney was forced to resign after admitting to a consensual, year-long relationship with one of her athletes in the early 2000s. Not a month later, the Daily Texan reported that Major Applewhite, a UT assistant football coach, engaged in a one-time sexual … [Read more...] about A Tale of Two Coaches’ Consensual Acts with Students: Did UT Discriminate?
“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
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
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