By dholmes | Published March 30, 2013 | Posted in Recent Developments 2013, Sex Discrimination and Harassment | Leave a comment
Search Site
Recent Blog Posts
Fifth Circuit Grants Rehearing En Banc in a Same-Sex Harassment Case
The Fifth Circuit has announced that it will rehear a same-sex harassment case en banc. The case is EEOC v. Boh Brothers Construction Co., No. 11-30770. The issue is whether a plaintiff can establish gender discrimination based solely on sexual stereotyping. The panel decision described the facts as follows: Kerry Woods began working as an Read More
Read MoreFirst Court of Appeals Rejects “Continuation” Theory of Successor Liability Under Title VII
What happens when an employment discrimination plantiff obtains a judgment against a corporate defendant, but the owner of the company puts the corporation into bankruptcy and continues the business with a new corporation? The First Court of Appeals addressed this issue in E-Quest Management, LLC v. Shaw, No. 01-11-00296-CV (Tex. App. — Houston [1st Dist.] March Read More
Read MoreWhat Are the Retaliation Laws in Texas?
A retaliation claim is similar to, but different from, a discrimination claim. The discrimination statutes protect various employees with various characteristics, from race to sex to disability status to immigration status. The discrimination statutes also protect people who engage in certain activities, from claiming family or medical leave to serving on a jury to joining a Read More
Read MoreWhat Are the Discrimination Laws in Texas?
Any employee in Texas is protected by a host of federal and state discrimination statutes. This article lists the various discrimination laws and in some cases provides a link to additional information about a particular statute. For a list of the retaliation statutes, click here. 1. Title VII of the Civil Rights Act of 1964 This Read More
Read MoreAre Non-Competes Enforceable in Texas?
In many states, an employer will have great difficulty enforcing a covenant not to compete. In fact, in some states, non-competes are contrary to public policy and are never enforceable (or are enforceable only in specific circumstances such as the sale of a business). Texas is not one of those states. Texas law will enforce Read More
Read MoreSenate Bill 953: Will Texas Finally Adopt the Uniform Trade Secrets Act?
Senator John Carona of Dallas has introduced Senate Bill 953 in the Texas legislature. SB 953 would adopt the Uniform Trade Secrets Act, which is a standard set of state laws governing trade secrets. At present, Texas is one of only four states that has not adopted the UTSA. The UTSA is not significantly different Read More
Read MoreWhat Is a Trade Secret in Texas?
This is a short guide designed to provide general background with respect to the nature of trade secrets under Texas law. 1. What is the definition of a trade secret in Texas? In 1958, the Texas Supreme Court adopted the following definition of a trade secret, which comes from the First Restatement of Torts: A trade secret Read More
Read MoreWhat Are the Rights of an Employee on FMLA Leave?
Let’s assume that an employee is entitled to leave under the Family and Medical Leave Act. What exactly are the employee’s rights? The discussion in this guide assumes that the employee has sought leave for a serious medical condition. If the employee has obtained leave for, say, the birth of a child, then the rules are essentially Read More
Read MoreWhat Is a “Serious Health Condition” Under the FMLA?
The FMLA gives employees a right to take unpaid leave if they have a “serious health condition” that renders them unable to perform the functions of their job. This article is a simplified guide for determining when that provision applies. 1. Does every employee have a right to leave if they have a serious health condition? Read More
Read MoreSenator Grassley Criticizes Proposed New IRS Whistleblower Regulations
The Internal Revenue Code has contained a limited qui tam whistleblower provision for many years. The Tax Relief and Health Care Act of 2006 greatly expanded these provisions. The new provisions are contained in section 7623(b) of the Code. Among other things, a whistleblower can receive an awared equal to 15% to 30% of the Read More
Read More
