Disclosing a disability can be daunting because, in many instances, this requires individuals to discuss highly personal information with professional associates. There are many factors to consider when deciding how to disclose a disability. Prospective employees often feel pressured to disclose a disability, especially when they may require an accommodation.…
In Texas, final compensation policies and practices are regulated by the state’s Payday Law. Among other things, the law instructs employers and employees on their rights after an employee leaves employment. In cases in which an employee is fired, discharged, laid off, or involved in any other involuntary separation, they…
In 1993, Congress adopted the Family and Medical Leave Act (FMLA). This federal law was enacted to provide certain employees with 12 workweeks of unpaid leave each year without the risk of being terminated. Public agencies, such as local, state, and federal employers, and local school employers must comply with…
In 1979, the United States Civil Service Commission established the Merit Systems Protection Board (MSPB), which is an agency designed to prevent federal employers from engaging in prohibited personnel practices. Under the MSPB, federal employees are entitled to a hearing after they are terminated, suspended, or demoted because of their…
At the end of 2017, an international movement fighting against assault and sexual harassment began to take hold on social media. The hashtag #MeToo was utilized to illustrate the pervasive presence of harassment and sexual assault – specifically in the workplace. The catalyst for the movement came shortly after allegations…
When employees are involved in an actual or perceived workplace conflict, such as a claim of employment discrimination, employers will often conduct an internal investigation in order to protect their own interests. Although workplace investigations can bolster an employee’s claim in some cases, these investigations can also be very detrimental.…
In 1973, the United States Supreme Court issued a landmark employment discrimination case, McDonnell Douglas v. Green, outlining a framework for analyzing cases alleging employment discrimination. The McDonnell-Douglas test, as it has come to be known, is applied in nearly all Texas employment discrimination cases.When the Supreme Court first announced…
Recently, a federal judge in Texas issued a ruling prohibiting Texas employers from discriminating against employees based on their sexual orientation or gender identity. Although the plaintiff in that case was ultimately unsuccessful in establishing a case of Texas sexual orientation discrimination, the decision paved the way for gender-identity discrimination…
Under Title VII of the Civil Rights Act, it’s illegal for covered employers to discriminate against a job applicant or employee on the basis of sex, among other protected characteristics. However, discrimination on the basis of sexual orientation has not been explicitly prohibited. In a 2017 case, Hively v. Ivy…
Studies have found that employers underpaying workers is a huge problem in America. Texas is not immune from this problem. From 2014 to July 2017, $29.5 million in back pay was awarded to workers under the Texas Payday Law. However, this figure may not represent what’s truly owed. It doesn’t…
