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Restroom Rights—The New Challenge for Texas Employers

Time was when an employer’s only preoccupation with restrooms was whether the cleaning crew was keeping them stocked with soap, towels, and toilet paper. Enter the new reality: federal agencies and LGBT rights groups are...more

Fifth Circuit Declines to Clarify When an Employment Action is “Adverse” Enough to Support a Discrimination Claim

When presented with an employment discrimination claim, one of the early questions any agency or court must answer is whether the claimant has suffered an “adverse employment action.” Simply stated, even if a discriminatory...more

State Court Lawsuit Removable if Plaintiff-Employee’s Pleadings “Fully Incorporate” EEOC Charge

“You have been sued.” Upon reading these first few words of a state court citation, most Texas employers—indeed, most employers—make it their first order of business to remove the case to federal court if at all possible....more

Is An Employee Who Is Six Days out of Rehab “Disabled” Under the TCHRA?

The Texas Commission on Human Rights Act (TCHRA) provides that a “current condition of addiction” to alcohol, drugs, or controlled substances is not a covered “disability.” In Melendez v. Houston Independent School District...more

Can You Avoid a Series of “Mini-Trials” At Trial? The Fifth Circuit Says Yes by Limiting Testimony About Bias Against Co-Workers

Recently the Fifth Circuit Court of Appeals approved the limitations that a trial court placed on an employee’s testimony about how his co-workers were victimized by a “pattern or practice” of age discrimination. The worker...more

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