Blog

Discrimination

RIFs Are Not the Easy Solution for Problem Employees
January 16, 2019
Some employers view a reduction in force as an apparently easy and clean way to get rid of employees they do not want – like poor performers, who have not been properly performance-managed. The case of Hawks v. Ballantine Communications, Inc., however, highlights the peril of such thinking.
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Texas School District Ordered to Comply with Public Information Act Request Concerning Alleged Harassment, Discrimination, and Employees’ Romantic Affairs
January 11, 2019
Sexual harassment and discrimination claims are all too common these days – so common, in fact, that it would seem like such cases should fall more in the “old news” category than in the “breaking news story” category.
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Extraordinary Employee Misconduct: Hitting on Arrestees!
January 9, 2019
I was both shocked and amused by a case involving a trooper who was fired after he hit on a female motorist after arresting her! While he was on a last chance agreement for (wait for it…) hitting on another female motorist after arresting her!
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The Missouri Human Rights Act Does Not Apply Outside of Missouri
December 27, 2018
In Dwight Tuttle v. Dobbs Tire & Auto, Inc., No. ED106615 (Dec 18, 2018), Robert Younger and Dean Kpere-Daibo of McMahon Berger successfully defended an age discrimination and retaliation suit brought pursuant to the Missouri Human Rights Act where the Plaintiff was employed in Illinois.
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Tattoos and Social Media = Age Discrimination?
December 20, 2018
When a company relaxes its workplace policies to allow employees to openly display tattoos and use social media at work, does that mean it’s discriminating against older people?
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Dallas Court of Appeals Sides with Defendant on Multiple Issues in Affirming Dismissal of Employment Discrimination Suit
November 9, 2018
In a case decided last month, a worker’s employment discrimination lawsuit was dismissed because (among other reasons) she failed to sue a defendant that had the legal capacity to be named as a party in such a case.
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Multiple Summary Judgment Motions Ruled Upon in Texas Employment Discrimination and Wage Disparity Case Brought by Female Physician
October 19, 2018
A typical Dallas employment discrimination case can involve multiple claims and a wide array of accusations against the employer.
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Lawsuit Over Health Insurance Coverage for Gender Reassignment will Proceed
September 27, 2018
A lawsuit against Essentia Health and HealthPartners regarding denied coverage for gender transition care has been allowed to proceed past a motion to dismiss.
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What, #MeToo??
September 26, 2018
It has become an all too familiar story in this age of #MeToo: a supervisor using managerial authority to pressure a subordinate to give sexual favors.
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Dallas Appeals Court Dismisses Former Employee’s Lawsuit, Holding that Res Judicata Prevented Further Action
September 21, 2018
What happens when a disgruntled employee’s claims are dismissed in federal court but he refiles a second suit in state court?
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Delivery Driver’s Suit Claiming Discrimination, Failure to Accommodate, and Retaliation After Post-DWI Termination Dismissed on Summary Judgment
September 19, 2018
Sometimes, an employer can do everything in its power to “work with” an employee, giving him or her the benefit of every doubt, and yet still find itself on the wrong end of a Dallas employment law case.
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Extraordinary Employee Misconduct – Threatening Witnesses Through Facebook
September 12, 2018
I am constantly amazed by the lack of judgment that people exhibit in their social media postings.
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Tweets Follow

Feb 21

Yes, Unions Discriminate Against Workers Too: https://t.co/di4d1fkfRb

Feb 21

New @SHRM Court Report: Transfer May Be an Adverse Employment Action: https://t.co/yccRid6veQ

Feb 20

New @SHRM Court Report: FLSA Claims Go to Trial: https://t.co/zUehMuOvOl