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
Sex Discrimination
Myths of Sexual Harassment: What Employers Fail to Understand (Part 1)
Welcome to Texas Business Matters! Today we pause our blog series on non-compete agreements for a few words about sexual harassment and #metoo. Recently someone asked me: why do victims of sexual harassment “put up with it”? Why don’t they just walk out? This is not a difficult question to … [Read more...] about Myths of Sexual Harassment: What Employers Fail to Understand (Part 1)
Counting Employees under Title VII, the ADA, and the ADEA: Do Part-Time Employees Count?
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?
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?
Does Your Texas Business Need EPLI?
Picture this: you have a small business with more than fifteen employees. Tough economic times require you to lay someone off. You lay someone off who happens to be female. She sues for sex discrimination. You now have to hire an attorney to defend the claim. The attorney wants a retainer of $10,000 … [Read more...] about Does Your Texas Business Need EPLI?
“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
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
Paycheck Fairness Act Reintroduced
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 … [Read more...] about Paycheck Fairness Act Reintroduced