Viewing 11 - 20 out of 99 posts

Fifth Circuit Upholds Religious Discrimination Claim by Fort Bend County Employee

Religious discrimination claims are different from most other types of discrimination claims because, under appropriate circumstances, an employer may have an affirmative obligation to accommodate an employee’s religious practices.  The Read More

When Is a Non-Compete Not a Non-Compete? The Texas Supreme Court's Decision in Exxon v. Drennen

On its face, the recent Texas Supreme Court decision in Exxon Corp. v. Drennen, No. 12-0621 (Tex. Aug. 29, 2014), might seem to have limited relevance to Texas law.  The Read More

Houston of Appeals Upholds Pregnancy Discrimination Claim Based on Termination Three Months After Childbirth

Both Title VII of the Civil Rights Act of 1964 and Chapter 21 of the Texas Labor Code prohibit discrimination based on pregnancy.  But do those statutes apply to an Read More

What Is a Hostile Work Environment in Texas?

1. My work environment is hostile.  My boss hates me and yells at me.  My co-workers are mean to me and gossip about me behind my back.  I keep getting Read More

The Fifth Circuit Finds That a Reduction in Job Responsibilites Could Constitute an Adverse Employment Action

One of the essential elements of a discrimination claim is that the employee must have suffered an “adverse employment action.”  The purpose of this element is to weed out minor Read More

The Fifth Circuit Clarifies the Rules for Mis-Named Employers in EEOC Charges

Most of the discrimination statutes require a mandatory administrative process as a prerequisite to filing a lawsuit.  The employee must file a charge of discrimination with the EEOC or TWC Read More

The FMLA and Employment Law Principles in the Family Law Context

This is a paper that I presented at the 4th Definitive Ad Litem Seminar on April 11-12, 2014.  The event was hosted by the Juvenile Law Section of the Houston Read More

When Is a Fired Employee Entitled to Receive Unpaid Commissions in Texas?

Consider this scenario: Employee A has worked in sales for Employer B for many years.  In addition to a small salary, Employee A gets a 4% commission on all sales.  Read More

What Is a Wage Claim Under Texas Law?

1. How is a wage claim different from filing a lawsuit? If an employer fails to pay wages or other compensation to an employee, the employee can always file a lawsuit Read More

Austin Court of Appeals Affirms Disparate Impact Judgment in Age Discrimination Case

Thirty-three City of Austin employees sued for age discrimination, claiming that the terms of their transfer from a defunct department to the Austin Police Department had a disparate impact on Read More

Viewing 11 - 20 out of 99 posts