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employment law Archives

EEOC reported to be investigating Uber

Texas residents may be aware that some of the nation's largest and most innovative technology companies have been accused of treating female and minority workers unfairly. Uber's co-founder and CEO was ousted in June 2017 after a former engineer wrote about how she had been harassed and discriminated against during her time with the company, and media outlets reported on July 16 that the Equal Employment Opportunity Commission has launched an investigation into the employment practices of the ride-sharing giant.

Cities working to keep hotel employees safe

Hotel employees in Texas and throughout the nation can be vulnerable to sexual harassment on the job. However, some cities are taking steps to offer protection. In Seattle, hotel workers were given panic buttons in 2016 to use in case of an attack. Workers in New York City who are in unions have had that technology since 2013. A group called United Here has surveyed members to determine the prevalence of sexual assault among housekeepers.

Pregnancy discrimination a problem for many American companies

Texas mothers and mothers-to-be might be familiar with the discrimination that can take place in the workplace when an employee is pregnant. Despite any claims employers might make about caring for the health of pregnant employees, it is illegal in the United States to terminate a pregnant worker's employment.

How discharges can impact a veteran's employment opportunities

Veterans in Texas and elsewhere in the United States who are not honorably discharged may have difficulty finding employment. However, there is a middle ground between an honorable and dishonorable discharge, and those can be issued to those who are late or who use drugs. Some states are changing the rules to make sure that employers don't discriminate against those who were neither honorably or dishonorably discharged.

Reporting allegations of workplace sexual harassment

While many Texas employees and employers may be increasingly aware of sexual harassment in the workplace, some may not know whether they are responsible for reporting sexual harassment that may be occurring to another employee. It is true that there is no federal law that states that employees are required to report workplace harassment. However, this does not mean that they should stay quiet.

Women may face more age discrimination than men

Some older women in Texas may be facing age discrimination at even higher rates than men. A study by the National Bureau of Economic Research found that as they age, women may face both age and sex discrimination, and the increased focus on a woman's appearance compared to that of an older man may increase the likelihood of discrimination. Furthermore, although the Age Discrimination in Employment Act of 1967 makes it illegal to discriminate against people who are 40 and over in the workplace, it can be difficult to prove.

Employers don't need to pay for FMLA breaks

According to the Department of Labor (DOL), frequent breaks taken by an employee that is covered by FMLA are considered uncompensated time. This is because they are not being taken for the benefit of the employer. The DOL cited the fact that FMLA leave is unpaid when handing down its decision. Therefore, companies in Texas and throughout the country don't need to pay employees when they take a break because of a serious health condition.

Why many harassment victims don't speak out

Sexual harassment has been covered by Title VII of the Civil Rights Act of since 1986, and it gives important protections to employees in Texas and around the country. According to an EEOC report, roughly 90 percent of employees who have been harassed do not speak out. Common reasons for failing to do so include a fear that reports will not be believed or that those who report harassment will be retaliated against. According to a 2003 report, 75 percent of those who complained about being mistreated at work were retaliated against in some form.

2nd Circuit ruling could alter interpretation of Title VII

Texas employers aknow that Title VII of the 1964 Civil Rights Act protects against various forms of discrimination against employees. Under Title VII, employers are not allowed to discriminate based on sex. However, there was some debate as to whether this applied to sexual orientation. Now, the U.S. Court of Appeals for the 2nd Circuit has ruled that this is the case.

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