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 me, inscrutable. I investigated further. … [Read more...] about The Dangers of Sexual Stereotyping
Recent Cases
Fifth Circuit Certifies Two Questions to Texas Supreme Court Regarding Employment At-Will
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 … [Read more...] about Fifth Circuit Certifies Two Questions to Texas Supreme Court Regarding Employment At-Will
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
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
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
Social Media 101 for Texas Employers
An employee’s Facebook page or Twitter feed may provide significant information to her employer, including what the employee is saying about the employer outside of work. But when is an employee’s tweet or Facebook post protected and when is it grounds for termination? According to recent … [Read more...] about Social Media 101 for Texas Employers
Does Ledbetter Act Apply in Texas?
The Texas Supreme Court heard arguments this week in Prairie View A&M University v. Chatha. The issue in the case is whether the Lilly Ledbetter Fair Pay Act (Ledbetter Act) applies to the Texas Commission on Human Rights Act (TCHRA), the state law that mirrors Title VII. The Ledbetter Act … [Read more...] about Does Ledbetter Act Apply in Texas?
Title VII Caps: Per Person, Not Per Claim
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 … [Read more...] about Title VII Caps: Per Person, Not Per Claim
Marsh: Good for Texas Employers?
In Marsh USA Inc., et al. v. Cook, --- S.W.3d ---, 2011 WL 2517019 (Tex. June 24, 2011) (not yet released for publication), the Texas Supreme Court held that providing stock options to an employee is sufficient consideration to support a noncompete. According to the majority opinion, because the … [Read more...] about Marsh: Good for Texas Employers?
TAA Allows Expanded Scope of Review
Do your company’s policies include an arbitration clause? Is the clause governed by the Federal Arbitration Act (FAA), Texas Arbitration Act (TAA), or both? A recent decision by the Texas Supreme Court, Nafta Traders, Inc. v. Margaret A. Quinn, ___ S.W.3d ___, 2011 WL 1820875 (Tex. May 13, 2011) … [Read more...] about TAA Allows Expanded Scope of Review