Summary of May 2025’s Labor Law Cases in Texas A roundup of key Texas labor law and employment update cases decided in Texas during May 2025. These cases include significant state and federal court decisions affecting workplace protections, tort claims, and agency authority. State of Texas v. Equal Employment Opportunity
After a total of 29 employees of a hospital in Montrose, Colorado were either fired or forced to resign, the question of whether the hospital violated federal law was posed by the U.S. Equal Employment Opportunity Commission (EEOC). All of the employees who were terminated from employment or forced to
Over the past few years, the Missouri Department of Corrections has gobbled up headlines for being one of the most female-unfriendly places to work in the state. Now, yet another employee has come forward having filed a hostile work environment and sexual discrimination and harassment claim against the DoC. Tina
Jayla Tolliver and Taylissa Marriott, two black teens attending Swope Middle School, say that despite reporting several instances of racial abuse and harassment, school officials showed indifference toward their complaints and did not address their concerns in a helpful manner. Several lawsuits have set the precedent here that children in
Former neurosurgery resident, Rylan Brantl, is suing his former employer, the University of Missouri, for $50 million. Brantl alleges that the chief of neurosurgery, N. Scott Litofsky, harassed and fired him without good cause. He further alleges that Litofsky created a hostile work environment during the years that Brantl worked
Former assistant track and field coach, Carjay Lyles, is sueing Mizzou over racial discrimination that he alleges he experienced during his time at the university. Carjay Lyles says he faced several instances of discrimination during his four years coaching at the university between 2013 and 2017. The lawsuit names head coach
The principal of an Illinois high school recently settled a lawsuit against the district alleging sex discrimination. Karen Gauen, who will retire after this school year ends, sued the school district, claiming that she was paid less money than her male predecessor. The $200,000 settlement was unanimously approved by the
The popular casino chain, Dotty’s, was forced to settle a $3.5 million claim alleging disability discrimination earlier this month. The EEOC claimed the Dotty’s was in violation of the Americans with Disabilities Act. Lawyers for the EEOC alleged that Dotty’s fired or forced employees to quit because they were considered
After multiple incidents of African-American patrons having the police called on them at various Starbucks, the company took a day off from business to offer its employees “implicit bias training.” Implicit bias training is a controversial method of making individuals aware of their ingrained biases, prejudices, and negative reactions to
As the average age of working adults has started to increase, so have the number of age-related discrimination claims. Incidents of ageism are not always overt, and many victims have a difficult time recognizing that they are being subjected to true discrimination. Unfortunately, one of the common consequences of workplace
A former Uber employee is suing the company for what she claims is a pay discrimination lawsuit. She is further alleging sexual harassment and racial discrimination against the company. Ingrid Avendaño worked as an Uber driver for three years beginning in 2014. Avendaño’s lawsuit alleges that Uber did not do
A new racial discrimination lawsuit against the Kansas City Fire Department is going to Federal Court. The case involves the interests of African-American firefighters in Kansas City who have been routinely passed up for promotions, despite the fact that these individuals appear to have the necessary qualifications for the job,
The career of a firefighter is mentally stressful and filled with physical danger. Firefighters are at greater risk of developing heart disease, cancer, and certain types of chronic respiratory disorders. Currently, being a firefighter is one of the most dangerous jobs in the United States with high levels of Post-Traumatic
You are expecting. You have a baby bump, made arrangements for a baby shower, are busy shopping for a crib, checking out the latest in strollers, and are just plain excited. However, despite the excitement, you may be concerned with your job status. How will your employer accept your time
The EEOC initiated a lawsuit against Albertsons Pharmacy for a policy that prohibits employees from speaking Spanish while on the job. The Albertsons in question is located in San Diego, but recently, other cases involving prohibitions on certain hairstyles have garnered national attention in the media. Recently, a judge ruled
In what some are calling a victory for the working disabled, The Hertz Corporation has agreed to settle a disability discrimination lawsuit filed against its Denver, Colorado car sales division. The initial lawsuit drew attention to a continuing problem throughout the United States – the inability of those with physical
Norman Newton was actively recruited by Hertz for a sales position after they had spotted his resume online. Newton had over 10 years experience in car sales and Hertz appeared enthusiastic about scheduling him for an interview. When he got there, however, the manager who interviewed him expressed reservations about
A black woman who had a job offer rescinded because she refused to change her hairstyle is hoping to take her case to the Supreme Court. Chastity Jones of Alabama was offered a job as a customer service representative in 2010. An HR manager later told Jones that dreadlocks “tend
When discrimination occurs in a systematic way and is directed toward a protected group within a company, it could result in a class action suit against that company. In the case of Google, female workers allege that the company has methodically discriminated against them, and they point to alleged pay
Over the last several years, the country has witnessed a change in the way people respond to sexual harassment and discrimination. The MeToo movement has encouraged victims of sexual assault and harassment to come forward while the Time’s Up movement draws attention to workplace harassment. Not only do these movements
According to Title VII of the Civil Rights Act, an individual may not be discriminated against in the workplace based on race, sex, nation of origin, religion, or disability. For instance, if an individual was being harassed at work, being called racial slurs or sexually derogatory names and management allowed
In the aftermath of a trial that saw Karen Ray, a Jefferson County High School journalism teacher, awarded $225,000 in punitive damages for sexual and age discrimination, two new trials emerged targeting the very same school district. The original suit filed by Ray alleged that she had been bullied out
Mark Horton was working as the vice president of sales and marketing at Celtic Healthcare in Illinois when a recruiter hired by a Missouri firm, Midwest Geriatric Management thought he would be a good fit for an opening they had. Horton applied for the position and was well liked. He
The United States is a country of immigrants; it has been since its founding over 200 years ago. This concept led to the country adopting the descriptor of “melting pot,” as people from all over the world have come to the US and now live together. The same principle applies
Tarshish Jones, a veteran Kansas City firefighter, won a $356,000 workplace discrimination settlement against the KC fire department in October of last year. The settlement came after Missouri legislators changed the law raising the standard of proof in discrimination cases. Beforehand, employees claiming workplace discrimination need only prove that discrimination
Missouri workers’ right to sue their companies for workplace discrimination has been the subject of widespread tort reform over the past couple of years. The controversial SB 43 included measures that: Shield perpetrators of sexual misconduct from being directly sued by their victims. Make it easier for employers to discriminate
Can a simple credit check provide a comprehensive understanding of a potential employee? Can such a check differentiate a bad employee from a good one? According to a good number of insights from ordinary employers, conducting a credit check is important in selecting the suitable candidate for a given job
The 11th US Circuit Court of Appeals ruled against the EEOC, which filed a lawsuit on behalf of Chastity Jones. Jones filed a discrimination lawsuit after having an offer of employment rescinded by Catastrophe Management Services located in Mobile, Alabama. They said her dreadlocks violated company policy on personal grooming.
Kevin Anderson, a former employee of Mercy Villa and Mercy Hospital, has filed a lawsuit against the hospital alleging that he was fired for reporting instances of workplace harassment. The lawsuit alleges that Anderson endured a hostile work environment in which other employees called him racial slurs. Anderson claims that
In a case that pitted religious freedom against gender expression, the US Court of Appeals for the Sixth Circuit ruled in favor of a transgender funeral director who was fired from her job because of her gender expression. She disclosed her intent to transition to her bosses, who then fired
While certain forms of discrimination may be frowned upon in the media, they are not necessarily overtly illegal. For instance, sexual orientation is not considered a protected class in Missouri. If an employer fires someone because he or she is gay, a lawyer would have to argue that this is
File this one under the “sad but true” category. In a series of lawsuits that were borne out of the Jay Nixon governorship, Missouri’s Department of Labor was sued by multiple employees alleging age, gender, and disability discrimination. Matthew Vacca v. Missouri Department of Labor In 2012, Matthew Vacca filed
Drug testing of employees is not specifically addressed in Oregon’s civil rights laws. This does not mean that the employers have carte blanche in conducting drug testing in all situations. It is legal for all employers to conduct drug tests, but it is mandatory for them to proceed with the
In June of last year, Missouri governor Eric Greitens made it more difficult for workers to prove discrimination cases. In a battle that had waged between the Missouri Supreme Court and legislators, plaintiffs had to show that discrimination was a contributing factor in a case of wrongful termination. Now plaintiffs
Women’s rights are consistently being threatened across the country, as vulnerable employees are forced to choose between keeping their jobs, or taking care of their pregnancies in a medically sound fashion. Women are speaking out more than even against the discriminatory actions of their employers, as evinced by the approximately
In late December of 2017, Richard Dixson successfully sued the Missouri Department of corrections for $1.5 million dollars in lost wages and punitive damages. Dixson alleged that ongoing racial harassment subjected him to a hostile work environment. Dixson was then working for the Kansas City Re-Entry Center, which is a
Hostile work environment attorneys are those who specialize in discrimination and harassment cases. When an employee feels that the culture of the company he or she works for has produced an environment that is not only hostile to his or her career interests but hostile to the employee on a
Experience is viewed as one of the key traits that every potential employee must have. However, there are times when too much experience is viewed not as an asset but as a hindrance when it comes to being hired. The chances of being contacted for an interview drop dramatically as
In recent events, Tesla Inc. has been hit with multiple discrimination and workplace harassment lawsuits stemming from conduct committed by supervisors toward black workers at its Fremont factory in California. Both Nevada and California have similarly strict laws on employer conduct in the workplace. The claim was filed by Marcus
In recent years the United States has focused on enforcing the Immigration and Nationality Act, preventing employers from discriminating against potential employees who are not United States citizens. As the debate around immigration continues, one Colorado-based company found itself in the unique position of being accused of discriminating against employees
Case law placed an onus upon labor unions that is known as the Duty of Fair Representation. The Duty of Fair Representation originated in the 1944 United States Supreme Court case of Steele v. Louisville & Nashville Railroad, wherein a black employee sought to set aside a bargain-for-seniority system that
Equal pay has become a hot topic for all lawmakers across the USA. Now, it is Oregon with HB 2500 equal pay legislation that ensures that every person gets equal pay for equal work. One of the rules they have put in place is that employers cannot check previous salary
During the tumultuous decade of the 1960s, Congress passed landmark legislation known as the Civil Rights Act of 1964, or the Act. Specifically, Title VII of the Act prohibits workplace discrimination based on race, religion, color, sex, and national origin. (There is currently a push to include sexual orientation discrimination
Fans of television shows like The Office may think they know a thing or two about a dysfunctional workplace, but countless professionals experience real hardship amid their daily business endeavors. Unfortunately, the costs of said hardship often include far worse than quirky pranks and misunderstandings. Nevertheless, that which qualifies as
Workplace discrimination is something that most adults are familiar with through direct experience or word of mouth. Unfortunately, the reality of multiple discrimination types affecting one person is not often discussed. Multiple discrimination in the workplace occurs when an employee is harassed or mistreated because he or she is a
After the number of reported gender and race related complaints fell to an all-time low in 2006, the claims of discrimination are increasing yet again. The serious problem of employment-related discrimination has recently touched the community of Highlands Ranch, Colorado after disturbing allegations were revealed in a lawsuit. The former
Based on the verdict rendered by a Nevada Federal Jury, Delta Air Lines now finds itself paying the price for employment discrimination due to a lawsuit filed under the Americans With Disabilities Act. The unnamed plaintiff will be awarded $1.3 million that includes punitive damages on account of the original
Oregon has a history of problems with race relations. Therefore, a number of laws and provisions were enacted in order to ensure that workers would no longer be subjected to racism and discrimination at work. The Cascade Management case demonstrates some of the tensions that still exist in the workplace
Whether you are an employee or an independent contractor, it is important that you understand your rights under the law, particularly when it comes to discrimination. That is a lesson that ride service Uber is still learning as three of its engineers file a lawsuit alleging sex and race-based discrimination
In spite of multiple federal laws and discrimination acts created specifically to protect pregnant women, discrimination and wrongful termination associated with pregnancy are on the rise. A study conducted by Citizens Advice found that pregnancy and maternity workplace discrimination has risen by 25%. Other pregnancy discrimination advocates believe the percentage
The state of Colorado has found itself in the middle of multiple immigration-related protests and lawsuits. Just one month ago Governor John Hickenlooper announced that Colorado would join 15 other states in the filing of a lawsuit challenging a federal government plan to end protections that prevent young immigrants from
In 1990 the Americans with Disabilities Act (ADA) was passed to protect individuals who are qualified for employment from being discriminated against based on a disability by current or prospective employers. Even though the act has been in place for almost three decades, disability discrimination is still an issue that
As most companies know, any sound workplace must remain a safe and welcoming environment for employees. In addition to facilitating productivity and a more efficient outcome, these kind of editions are essential to protecting the legal rights of workers and assuring that business in general remains on the right side
Are you immensely qualified, yet unable to obtain a job in your field? If so, you are not alone. Systems Engineer Cheryl Fillekes claims that Google refused to hire her despite her impressive qualifications. Why? Cheryl is 47 years old. She is now part of a class action suit involving
Losing a job for reasons that contradict company policy while violating Federal law creates a scenario allowing the former employee to fight for reinstatement. Unfortunately, the personal, professional, and financial difficulties caused by a sudden termination sometimes lead to a situation where the affected party does not pursue a wrongful
In the past accusations of discrimination at the workplace only became public knowledge if a major news outlet decided to cover the story. The rise of social media has changed that by giving every individual an opportunity to share his or her experience with millions of people worldwide. When former
While some states, including Oregon, have chosen to prohibit employment discrimination on the basis of sexual orientation or gender identity, federal law currently does not. Recent legal developments seem to signal that a fundamental change may be on the horizon, and LGBT rights activists have had several recent successes. For
A Virginia Beach police officer filed a complaint in federal court against her supervisors and the Virginia Beach Police Department for gender discrimination and retaliation. Nicole Kosman has been an officer of the Virginia Beach Police Department for ten years. In 2009, she became the first woman accepted into the
When most people think of a lawsuit, they think of the dramatic trials that they see on television and in movies. In reality, however, the majority of cases never go to trial. Instead, the two parties can negotiate outside the courtroom and come to a settlement agreement. Trials can be
Ali Aboubaker moved to the United States from Tunisia almost 25 years ago and began working for Washtenaw County in Michigan in 1991. Aboubaker started as a bus driver and later moved up to maintenance technician. However, over the years, Aboubaker applied for numerous promotions for which he believed he
Title I of the Americans with Disabilities Act (ADA) aims to allow people with disabilities to have equal opportunities to join the workforce. First, the law prohibits discrimination, harassment, or retaliation against applicants or employees with real or perceived disabilities. Additionally,the law requires employers to make reasonable accommodations for employees
The Equal Employment Opportunity Commission (EEOC) is suing a Houston restaurant for disability discrimination, sexual harassment, and retaliation. In many cases of disability discrimination, an employer fails to consider a disabled applicant or fails to provide reasonable accommodations so that the qualified applicant can perform required duties. In this case,
A Catholic school in Montana recently fired one of its teachers because she was pregnant. She was not actually fired just for being pregnant; she was fired for being pregnant and unmarried. Shaela Evenson taught at the school for almost ten years before an anonymous letter was sent to the
Since 2008, the Oregon Equality Act has protected employees in the state from discrimination based on their sexual orientation or gender identity. The law defines gender identity as the gender that a person believes they should be, not their biological gender. Gender identity protections apply also to transgender individuals or
Many employees in Oregon and across the United States suffer unlawful workplace discrimination every day. Such employees deserve full protection under federal and state anti-discrimination laws, and deserve to be fairly compensated for any violations of their rights under the law. However, like any type of civil action, some workplace
The Olympian recently reported on Desire Video’s Craigslist post seeking applicants for all positions. Desire Video’s owner proposed an adult cabaret to Olympia’s Community Planning and Development officials last year, and it appears his proposal was approved. According to the Craigslist post, no experience is necessary for dancers or wait
A Tri-City Herald article announced a settlement agreement between Walla Walla County Sheriff’s Office and one of its former employees early this year. The Sheriff’s Office was accused of ongoing discrimination and retaliation against Lucille Poirier. In the settlement, Poirier will receive $235,000, roughly a third of what she sought
Just before the end of 2013, the Seattle Times reported that Costco reached a tentative settlement in a lawsuit with some of its female employees. The lawsuit originated with a single employee and later became a class action encompassing many female employees. After nearly a decade, the parties appear to
Last week, three police officers in Everett, Washington, filed a lawsuit alleging racial discrimination in Everett’s police department. The three officers’ lawsuit against the police department was filed in federal court, and claims the officers were denied promotions, received harsher treatment than Caucasian officers, and dealt with a hostile work
Two cocktail waitresses at a casino will now be able to take their claims to trial, according to the federal Court of Appeals for the Seventh Circuit. The plaintiffs in this case, Stacy Alexander and Kim Rogers, are both African-American females, and were both long time cocktail waitresses at the
Though employees deserve to be compensated when their rights are violated at work, not every discrimination, harassment, or wrongful termination claim is valid. Sometimes, there are underlying problems at work and angry or terminated employees wrongfully assert that their employer violated the law in some fashion. In one recent Oregon
A member of the “Church of the Flying Spaghetti Monster,” also known as a Pastafarian, was sworn into his councilman position with a colander on his head earlier this month. In a recent Talking Points Memo article, the fact that there is a picture of Christopher Schaeffer being sworn into
According to a recent Washington Post article, five white men are suing Archie Comics female co-CEO for sexual harassment and gender discrimination. Nancy Silberkleit, the widower of one of Archie Comics three founders, became the co-CEO of the company in 2008. Interestingly, Silberkleit’s co-CEO and half-brother of the second founder
A Hawaiian retailer will pay $60,000 for discriminating against one of its employees before and after she gave birth to her child. Step Three, Ltd., which does business as Sandal Tree, is a retailer of women’s sandals with stores across Hawaii. The company will be settling with one of its
Ruby Tuesday has decided against fighting its age discrimination suit in court and will take a settlement. The Equal Employment Opportunity Commission (EEOC) brought the age discrimination case against the restaurant after complaints arose around six of its chains. While Ruby Tuesday is not admitting guilt or that there actually
As previously discussed on this blog, employers are not required by law to provide employees with time off on nationally recognized holidays. However, Title VII of the Civil Rights Act of 1964 does require employers to reasonably accommodate an employee’s sincerely held religious beliefs and practices. Such reasonable accommodations can
Archie Comics has brought the United States beloved and wholesome characters such as Archie, Betty, Veronica, Jughead, and Sabrina the Teenage Witch. However, behind the scenes at the company, things do not seem to be so wholesome. The co-CEO, Nancy Silberkleit, faces a recent lawsuit filing alleging discrimination and retaliation
The Americans with Disabilities Act of 1990 prohibits workplace discrimination against any employee with an actual or perceived disability and requires that employers provide reasonable accommodation for any disabled employee who is otherwise qualified to perform essential job functions. An employer may not refuse to hire, refuse to promote, discipline,
A hospital recently prevailed in an unusual sexual harassment case brought by a female technician, Sara Debord. The alleged facts of the case spanned over five years and are somewhat convoluted, involving Facebook posts, cold hands, sexual harassment accusations, and payroll fraud allegations. Basic Facts Debord worked as a nuclear
A former California English teacher is suing the Hesperia Unified School District for discrimination. Julia Frost worked for the school district from 2011 to 2013 as a probationary teacher. After her contract was not renewed, Frost filed her lawsuit believing she was harassed, had to work in a hostile work
Wal-Mart makes headlines fairly regularly these days. Occasionally, the headlines are good sometimes the headlines are not good. One of the recent less positive headlines came in the form of a picture of food collection bins for Wal-Mart employees by Wal-Mart employees at a Cleveland Wal-Mart Superstore store. Some employees
The Human Rights Campaign (HRC) released its 2013 Corporate Equality Index (CEI) recently. The CEI looks at the policies and programs companies have in place to protect and include LGBT employees. Eleven years ago there were almost no laws protecting LGBT employees from sexual orientation discrimination in the workplace. HRC
A few months ago, Seattle found itself in a bit of an uproar when an official raised the issue of using the term “brown bag” when advertising events. The official was greatly concerned about political correctness and fear that “brown bag” could be racially derogatory not simply referring to the
The Los Angeles Times’ recently reported on Del Monte’s $1.2 million discrimination settlement. Del Monte is a major grower of fruits and vegetables; hires employees to harvest the products; and then ships the products to stores for our enjoyment and consumption. Unfortunately, Del Monte along with a number of labor
A Chicago news source reports on a former doorman for Sidetrack, a popular bar in Chicago, suing the bar and a couple of its managers for sexual and religious harassment. Sexual harassment lawsuits at bars, sadly, are not uncommon or generally newsworthy unless they contain an interesting twist. In this
Finding a job can be hard, particularly in this economy. Finding a job after spending years in the military can be even harder, especially if your training is in an area that does not transfer to civilian life easily or obviously. Laws can prohibit discrimination against returning veterans, but sometimes
Title VII of the Civil Rights Act of 1964 prohibits discrimination in the workplace based on a person’s race, among other factors. However, the law goes a step further to protect employees who oppose, report, complain of, or participate in an investigation regarding workplace discrimination. The law prohibits an employer
It is not often that a long and distinguished career and having the distinction of being the “longest serving” anything would be the basis of a discrimination and retaliation lawsuit, but it is. An agent at the Federal Bureau of Investigation’s Seattle field office is claiming gender discrimination and pay
Employment discrimination can come in many forms. Title VII of the Civil Rights Act of 1964 specifically outlaws workplace discrimination based on a person’s race, color, religion, sex and national origin. Furthermore, discrimination due to a woman’s pregnancy or childbirth is illegal under the category of sex discrimination. Most discrimination
Abercrombie and Fitch fired a Muslim woman, Hani Khan, for wearing her hijab at work because they claimed that her wearing a headscarf could hurt business. Khan filed and won her discrimination lawsuit against Abercrombie and Fitch in federal court. This lawsuit arose just a few years after another discrimination
Pregnancy should be an enjoyable time in a woman’s life. In 1978, the United States Congress passed the Pregnancy Discrimination Act, which made it unlawful to discriminate against a woman based on pregnancy, potential to become pregnant, birth of a child, or any medical needs or condition related to a
Previously on this blog, we discussed a currently pending lawsuit on behalf of a female employee who was fired by Disney because her hijab did not fit in with the “Disney image.” A recent decision may give that Disney employee hope for winning her case. On September 3, 2013, a
In order for behavior in the workplace to constitute harassment under Title VII of the Civil Rights Act of 1964 or other employment laws, the offensive conduct must be pervasive or severe enough to cause a hostile work environment for the victim. In order to determine whether a work environment
Many people across the nation may have more to be thankful for at Thanksgiving this year because these individuals may be one step closer to employment equality. Currently gay, lesbian, bisexual, and transsexual individuals can be fired in 29 states based solely on their sexual orientation. Furthermore, there are 33
In 2005, the national retirement age was pushed from 65 to 67 and the average age of our population is getting older. When you combine these two facts, particularly in this economy, there is a good chance that employers will have many employees over the age of 40. For most
A Seattle man fired because of his beard later won over $66,000 because of that very same beard. The Seattle P-I reported on Abdulkadir Omar, a Seattle Muslim man, who was hired as a security guard by a security firm, American Patriot Security, to guard a Kent FedEx building. He
The Puget Sound Business Journal reported on Tableau Software and Zulily’s recent announcements for their IPOs. But the story was not about the two companies’ future financial prospects or even the services they provide. The article focuses on a continuing trend in the tech industry. The trend is a stark
Most employers know that it is against Oregon laws to discriminate against any employees on the basis of race, national origin, color, sex (includes gender, pregnancy and sexual harassment), sexual orientation, age (18 or older), disability, religion, marital status, family relationship, or association with a member of a protected class.
Earlier this fall, a court dismissed the widely publicized case against celebrity cook, Paula Deen, stating a white plaintiff who witnessed discrimination against black employees did not suffer discrimination herself. Now, another court has dismissed another discrimination claim brought by a white employee, though the circumstances in this case are
A case currently in Oregon courts, Devi v. Oregon Department of Corrections, asserts the importance of consistent interviewing to avoid discriminatory practices. The plaintiff, Harish Devi, began working as a corrections officer at Oregon Department of Corrections’ Shutter Creek Correctional Institution (SCCI) in 1995. In 2011, Devi was one of
The Equal Employment Opportunity Commission (EEOC) is a federal agency charged with enforcing federal laws against discrimination in the workplace. If an employee believes they have been discriminated against on the basis of race, color, national origin, religion, sex, age, disability, or genetic information, or if they believe they have
Abercrombie & Fitch has faced more than one lawsuit this year alleging religious discrimination against Muslim females. The lawsuits revolved around an employees and an applicant who claimed they had been the victims of discrimination because they each wore a hijab, a headscarf, in accordance with their religious beliefs. Though
The Los Angeles Daily News reported recently that a pregnant bartender working at a Studio City pub, the King’s Head Pub II, was fired because she did not look a “California hooker.” A month before Amanda Lambert became pregnant she left her job as a bartender at another bar to
On June 26, 2013, the United States Supreme Court issued its landmark decision in United States v. Windsor, which struck down Section 3 of the Defense of Marriage Act (DOMA) and mandated that the federal government recognize same-sex marriages for the purpose of federal benefits. This decision would extend several
The Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating against employees or applicants on the basis of race, color, religion, national origin, or sex. The EEOC defines religious discrimination as treating an applicant or employee unfavorably based on
A few months ago, Seattle P-I reported on James Osborne’s multiple and continuing battles with REI. In 2007, Osborne was paralyzed when an REI brand bicycle he was riding broke apart and crashed. As a result of the crash, Osborne’s arms and legs were paralyzed for a while and though
The Equal Employment Opportunity Commission (EEOC) recently filed lawsuits against two major corporations, claiming unlawful employment discrimination against individuals with disabilities. Both Kaiser Permanente, the nation’s largest managed healthcare consortium, and retail giant Kmart face allegations of failing to make reasonable accommodations for a current employee and prospective employee, respectively,
Immigration reform has been and continues to be a complex and controversial political issue. One major point of contention has been undocumented workers. In 1997, the United States government started the E-Verify program in an effort to prevent and reduce undocumented workers’ ability to find employment. It is an online
A federal judge dismissed a former employee’s race discrimination claims against Paula Deen. The judge ruled that the employee, who is white, does not have the right to bring a claim based on workplace discrimination against African-American workers. However, the judge did not dismiss the employee’s sexual harassment claims against
United States Representative Derek Kilmer, from Gig Harbor, Washington, submitted a bill to congress that would provide anti-discrimination protections to military veterans. Tacoma-based The News Tribune reports that the protections would be similar to those provided to other protected classes such as race, religion, or gender. Senator Blumenthal from Connecticut
When a person gets his or her first job it can be an exciting time. A paycheck, a uniform, new duties and responsibilities can be rewarding and fulfilling. However, after the honeymoon period ends, and coworkers and supervisors get more comfortable working together, a terrible pattern can emerge. Many workers
Sexual bias continues to be a significant and pervasive problem in the United States. On average, women tend to earn less than their male counterparts and are often underrepresented in executive or supervisory positions. In addition, thousands of people each year are subjected to inappropriate and demeaning sexual discrimination year
An Employment Discrimination and Retaliation Case in Clallam County An employment law case out of Port Angeles made headlines earlier this summer in the Washington employment law community and in local news. According to the Peninsula Daily News, an employment discrimination charge filed with the Washington State Human Rights Commission
A story from the Seattle PI this week highlights the many different types of employment discrimination claims that an employee may bring against a supervisor under employment anti-discrimination laws. Jesse Hernandez, head of the Arizona State Board of Executive Clemency was under investigation after a female employee complained that he
Brokerage firm Merrill Lynch has agreed to pay $160 million to settle claims of racial discrimination from 1,200 current and former brokers. Seattle-based KIRO 7 reports that if the trial judge approves the settlement, it will be one of the largest settlements reached in a workplace racial discrimination case. In
A federal jury awarded $620,000 to a white police sergeant in his race discrimination lawsuit against the St. Louis Police Department, the Police Board of Commissioners, and other city officials. According to an article from the St. Louis Post-Dispatch, Sergeant David Bonenberger applied for an assistant director position at the
A $2 million jury verdict in favor of Jeffrey Chen, the former chief of police in Medina, Washington, was reversed by a federal judge as unsupported by the evidence. Seattle Weekly News reports that the trial judge in the case determined that the jury reached its verdict because of passion
When the Americans with Disabilities Act (ADA) was into law 23 years ago this month, it marked an expansion of civil rights protections to people with disabilities. In many ways it is similar to the Civil Rights Act of 1964, which prohibits certain parties from discriminating on the basis of
Discrimination is a pervasive problem in the United States today, affecting millions of employees every year. Both state and federal law protect workers from certain kinds of discrimination. Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, religion, color, sex or national origin.
Three former employees at Target have filed a workplace discrimination and retaliation lawsuit against the company, according to an article in the Seattle P-I. The lawsuit stems in part from a “Multi-Cultural Tips” memo that included many racial and national origin stereotypes about people of Hispanic descent. Target states that
When an employee brings a discrimination lawsuit against his employer, the employee’s job description is one piece of evidence that Washington courts will consider. For that reason, well-written job descriptions can help employers defend themselves against discrimination claims. What Should a Job Description Contain? Employers should make sure that job
The recent Supreme Court decision striking down key provisions of the Defense of Marriage Act (DOMA) may signal a new era for lesbian, bisexual, gay, and transgender (LGBT) rights in the Unites States. That decision held that the provision of the law defining marriage as the “union between one man
Discrimination in the workplace is a pervasive issue in the United States, and the problem includes discrimination against people with disabilities. Both state and federal law prohibit employers from discriminating against employees that have disabilities, and require that employers provide “reasonable accommodation” for such employees. The federal law prohibiting discrimination
In Oregon, state law prohibits discrimination on the basis of race, color, religion, sex, sexual orientation, national origin, marital status, or age. One particularly pervasive form of discrimination occurs when a person is subjected to sexual harassment in the workplace. Such harassment could take the form of inappropriate comments, touching,
Five workers from a farm in Lind, Washington agreed to a $650,000 settlement with National Food Corporation for their sexual harassment and retaliation claims. An article in the Seattle Times reports that the workers were sexually harassed by their supervisor and then fired when they reported the harassment up the
It is well-known in places of employment that Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of race, color, religion, sex and national origin. However, employers sometimes do not realize that their behavior actually constitutes discrimination under Title VII. One
The issue of lesbian, bisexual, gay, and transgender rights has been in the spotlight as of late, not least of all due to the highly anticipated decisions on the issue that were released by the Supreme Court recently. Those decisions, known colloquially as the DOMA and Prop 8 decisions, bolstered
A jury found that Seattle Central Community College (“SCCC”) did not wrongfully discriminate against 73-year old administrator Joan Ray because of her age, according to an article posted on Capitol Hill Seattle Blog. Ray had filed an age discrimination lawsuit against SCCC when it did not renew her contract and
In the midst of the United States Supreme Court’s decisions regarding DOMA, Proposition 8, and the Voting Rights Act, two decisions affecting discriminated employees have been overlooked by many. The decisions are both very important, however, since they both make it more difficult for employees to hold their employers responsible
An article from the Seattle P-I reports that the ACLU has filed a discrimination lawsuit on behalf of Bryan Baldizan and Lupe Gonzales, two Whole Foods employees suspended for complaining about the store’s English-only policy. We recently discussed that language gaps in the workplace might be a form of discrimination
Hair stylist Melanie Strandberg quit her job at a spa in Spokane after she was told to wear a wig to cover her bald head at work. The Spokane Spokesman-Review reports that she has since filed a discrimination lawsuit against her former employer. The question is, what kind of discrimination
Many laws exist on the state and federal level prohibiting employment discrimination based on factors such as race, color, national origin, age, gender, and disabilities. Employment discrimination refers to any discriminatory employment practices such as bias in hiring, job assignment, promotion, compensation, and termination, as well as various types of
On June 26, 2013, the Supreme Court of the United States reached a landmark decision in United States v. Windsor that struck down the Defense of Marriage Act (DOMA). DOMA prohibited the federal government from legally recognizing same-sex marriages and from providing federal benefits to same-sex married couples. The decision
Two University of Washington employees committed ethical violations by earning overtime pay for personal internet use. An article from Seattle-based KOMO News Network reports that the State Ethics Board found that the UW employees violated rules regarding personal use of state resources. Other state employees can learn from this story
Same-sex spouses in Washington gained many employment benefits and rights under federal law when the Supreme Court struck down the Defense of Marriage Act (“DOMA”) this June. As this US News article notes, because federal law now recognizes same-sex marriages, LGBT couples will now enjoy federal rights such as tax-free
Employers routinely deny basic accommodations to pregnant employees, according to a recent report published by the National Women’s Law Center and A Better Balance. The report indicates that women are more likely to face pregnancy discrimination if they have jobs that are typically held by men or low-wage jobs. Regardless
Most Washington residents understand that the law forbids workplace discrimination based on a range of categories: race, gender, sexual orientation, etc. But less understood are the more complex forms that such discrimination can take. It is virtually never the case that an employee will explicitly say “We are not hiring
One of the most important provisions of the Americans with Disabilities Act of 1990 (ADA) is that employers cannot discriminate against qualified employees who happen to have disabilities. One of the main ways of preventing discrimination is requiring employers to make “reasonable accommodations” for certain mental or physical limitations that
It is no exaggeration to say that race has played a fairly prominent role in the evolution of employment rights in American history. Whether it was the right of African-Americans to be paid for their labor at all, as opposed to being considered the property of other human beings, or
Employment laws that protect the rights of LGBT employees have been a hot button topic for some time now. In addition to marriage equality, workplace protections seek to make discrimination against LGBT employees similar to other protections individuals receive. Did you know that more than two-thirds of small business owners
Some employees do not share the same language as their employer or fellow employees. Does this language barrier constitute a form of actionable employment discrimination in Washington? It could if it is properly argued as a type of illegal national origin discrimination. The Denver Post reports that a group of
It can often seem that business interests and employment rights concerns are working at cross-purposes to each other. Advocates from both groups can often present almost knee-jerk opposition to any proposal from the other side. Nevertheless, the two sides manage every so often to negotiate their way into a compromise
Let’s face it—people are working longer. Rather than sailing off into the sunset, many Washington employees are either staying at their current place of employment for years longer than the previous generation or re-entering the workforce after time off. For many, the reason an older employee is punching a time
Questions of free speech in schools are always fraught with complications – whether it involves student protesters of the Vietnam War or teachers expressing their moral or political beliefs to their students. One Portland teacher, who claims that his job is in danger because of his vocal opposition to Planned
The pay gap between men and women is wider in Settle than any other major city, according to a recent report by the National Partnership for National Partnership for Women and Families and Families. More specifically, full-time employed Seattle women make a mere 73 cents for every dollar her male
Different is good, right? Well, sometimes. In a Washington employment law context, different is not usually a good thing. Different is an adjective most often used to show how certain employees are being treated differently because of something he or she cannot change about themselves. What the term differential treatment
Not hired for a position because of a disability? Fired from a job because of a disability? Passed up for a promotion or raise at work because of a disability? Those are just a few general examples of how Washington disability discrimination can manifest itself in the workplace. And unfortunately,
It seems that a recent spate of employees, fired because of their use of controlled substances, have been finding novel methods of challenging their dismissals. First was Brian Milam, the Washington pilot who fought to be reinstated at his job after failing a random drug test and admitting to having
Did you know you have legal protections in place even before you interview for a job in Washington? Well you do and you should know them before your next job interview to ensure that your rights are not being violated. Oh, and might we add these rights exist whether or
In a recent post, we discussed how an Oregon employer had allegedly wrongfully discharged a former military service member, denying him his federally mandated employment protection. At the other extreme is the League of Oregon Cities, which hired a former service member to be the city manager for the city
In the not-so distant past, Facebook was mostly a way of keeping in touch with friends you had not seen since high school, and Twitter was largely used to keep people informed about your thoughts on current events (or, more realistically, your thoughts on what you ate for lunch). In
You hear the term sexual harassment used all the time, but do you really know what it means? More specifically, do you know what constitutes sexual harassment in Washington? If you answered No to those questions, you are certainly not alone. Generally speaking, sexual harassment is any unwelcome physical or
Imagine if every day you went to work you felt like you were being treated unfairly because of something you couldn’t change about yourself. Or every time you did not get a job, you knew the reason was personal and out of your control. Workplace discrimination happens all the time
The state of Oregon and Governor John Kitzhaber are facing a serious challenge to the state’s sheltered workshop system for disabled Oregonians. A class action lawsuit led by the organization Disability Rights Oregon (which the United States Department of Justice joined as a co-plaintiff at the beginning of April) claims
The Oregonian published an article reporting that the United States Department of Justice joined a lawsuit against Governor John Kitzhaber and the state of Oregon that demands changes to the state’s “sheltered workshop” system for individuals with severe disabilities. The fact that the Justice Department intervened as a plaintiff into
Washington state has addressed bullying in schools. The law states that “‘harassment, intimidation, or bullying’ means any intentional electronic, written, verbal, or physical act, including but not limited to one shown to be motivated by any characteristic”. Washington State Statute 2A.300.285 So once you are out of school you never
A Washington school superintendent is suing the school board in Richland for more than $1 million for an alleged act of discrimination. The Richland School Superintendent was fired because of an affair with another district employee, but has now turned the lawsuit into an issue of discrimination and declared that
Three King County female detectives have agreed to a $1 million settlement in their sexual harassment lawsuit against the Sheriff’s Office. According to a recent Seattle Times article, the three detectives work in the Special Assault Unit, a unit where one would expect a certain level of sensitivity. However, among
Title VII of the Civil Rights Act of 1964 protects employees from discrimination and harassment based on their race, color, religion, sex and national origin. What many people may not realize, however, is that the law further protects employees from discrimination and harassment based on their relationship with someone who
Near the end of 2013 around the middle of December, a new study was released that showed positive signs for those worried about the gender gap in employment. KOMOnews.com reported on the study, its implications, and potential concerns. According to the study, gender equality efforts are making significant advances, but
Unfortunately in the workplace today, people are discriminated against for all sorts of reasons, whether this is because they are of a certain nationality, religion, weight, gender, etc. places of employment will find whatever reason to choose to not hire or promote a person. While it is never a pleasant
Did you know that you may have the right to take legal action if you are being denied a pay-raise? This is a delicate situation, so don’t rush out and hire a lawyer the first time you are denied a requested raise. Yet there are times that withholding a raise
If you have served a prison sentence for a felony, then you will probably have a difficult time securing a job in the future. Oftentimes employers will run background checks on employees. If they have the luxury to be picky, they will avoid people who have a criminal record in
The Oregon House voted this last week to make it illegal to post a job advertisement discrimination against unemployed jobseekers. The proponents of this legislation say that job ads that exclude unemployed applicants is discouraging people who are struggling to make ends meet and find work in this tough economy.
The federal Equal Employment Opportunity Commission (“EEOC”) is set to release information shortly that will reveal a sharp rise in the number of age-discrimination claims filed with the agency. According to the EEOC, the number of age-discrimination allegations made by employees has jumped 29%, from 19,103 complaints filed in
An employee is protected from being fired in retaliation for answering questions during an employer’s investigation of suspected sexual harassment, the Supreme Court ruled on Monday, January 26, 2009. The unanimous court ruled the federal civil rights law’s anti-retaliation provision for employees who report workplace sex or race discrimination
The EEOC’s update to its guidance entitled “The Americans with Disabilities Act: Applying Performance and Conduct Standards to Employees with Disabilities” makes clear that employees with disabilities must meet job-related qualifications standards that are consistent with business necessity, and must be able to perform the essential functions of the
Legal decisions issued by the federal courts, and particularly the U.S. Supreme Court, frequently have a political dimension. With each election, one or both major political parties frequently invoke such cases for political purposes. In this election cycle, one case that appears to be getting significant attention is the
VERDICTS IN FAVOR OF EMPLOYEES A jury in Ohio awarded a whopping $47 million to an employee in an age discrimination case. The employee alleged that he was fired after he refused to fire three older workers because of concerns about age discrimination and disability discrimination. The verdict included
Washington’s public lands commissioner, Doug Sutherland, is in political hot water after documents recently surfaced showing that he inappropriately touched a new female employee in his own department. Public records show that in January 2005, Sutherland touched the young woman’s back and made comments that she and at least one
Longview Fibre has agreed to settle a charge of disability discrimination for $175,000 according the EEOC. An article about the case appears here. According to published reports, the company rescinded a job offer made to the claimant, Scott Harshbarger, after he suffered a spinal injury that required pain medication, even
Below are some recent reported verdicts in employment law cases. Verdicts in Favor of Employees Three white police officers were awarded a $10 million verdict against the City of Philadelphia in a retaliation case. The officers alleged that they were retaliated against after the broke the “blue code of silence” and spoke
An employment law issue generated controversy yesterday at a company’s annual shareholder meeting in Seattle. The company is Expeditors International, a Fortune 500 global logistics company based in Seattle. It trades in the NASDAQ 100 and generates $5 billion in annual revenue. A shareholder proposal requested adoption of a
How do you turn a run-of-the-mill termination for poor performance into an $800,000 liability? We find the answer in the Sears Roebuck catalog. Former Sears employee Gunnar Steward sued for age discrimination after his termination for performance reasons. The facts of the case are relatively unremarkable. In fact, the evidence
Candace Wahl worked for a few months as a dental assistant in a small dental clinic. A dentist who co-owned the clinic commented about her breasts and the bodies of other employees and female patients, made sexual explicit comments about his sex life, and at one point allegedly masturbated while
There was an article about an interesting age discrimination case against the University of Washington. The case was filed by Warren Guntheroth, an 80 year old doctor at the UW Medical Center. In 2004, the UW paid $35 million for overbilling Medicare and Medicaid. At the time, Guntheroth blamed the
Trev Kiser was the women’s basketball coach at Clark College in Vancouver, Washington. Kisar complained to school officials about a pattern of inequality between the men’s and women’s basketball programs, such as in the quality of the officiating assigned to women’s games, the team budgets, and travel accommodations, and that
A recent case in the 6th Circuit Court of Appeals demonstrates how discretionary decision-making can lead to employment discrimination claims. David Dunlap sued his employer for race discrimination under Title VII of the Civil Rights Act of 1964. Dunlap had 20 years of experience as a boilermaker and boilermaker foreman.
Within 20 years, nearly 20% of Americans, 71 million people, will be age 65 or older. Thanks to the baby boomers, America is getting older and doing so at a rapid rate. Recently, a federal task force published a report addressing the aging of the American workforce. The task force
In November 2007, a jury in Seattle awarded $4.4 million to Melissa Sheffield in a discrimination lawsuit. Sheffield sued her former employer, Goodyear Tire & Rubber Co., for retaliation after she complained of sexual orientation harassment, and she also claimed that Goodyear failed to reasonably accommodate a disability. The
In a recent case, the 6th Circuit Court of Appeals ruled that Title VII permits claims against an employer for acts of retaliation by coworkers. According to the court, an employer will be liable for a coworker’s actions if: (1) the coworkers’ retaliatory conduct is sufficiently severe so as to
A recent decision by the 7th Circuit Court of Appeals addresses “association discrimination” under the Americans with Disabilities Act (“ADA”) in the context of medical insurance expenses. The plaintiff in the case contended that she was fired because of her husband’s high medical bills. The company was self-insured for the
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against a Lowe’s store in Longview, Washington for sex discrimination and sexual harassment. There is an article about the case here. According to the media reports, two heterosexual employees allege that they were repeatedly called “gay” by store managers,
The U.S. Supreme Court is busy with an unusually large number of employment cases this term, and today the Court issued its opinion in one closely watched case. By many accounts, the decision is somewhat of a letdown for employment attorneys because the Supreme Court did not really decide much
