The Employee Polygraph Protection Act (EPPA) of 1988 applies to most private employers, prohibiting most private employers from using lie detector tests, either for pre-employment screening or during the course of employment, and providing civil money penalties for violations as well as the ability to bring a lawsuit, so employees who believe their employer is making unfair demands for a polygraph or lie detector test may consult the U.S. Department of Labor at 1-866-4-USA-DOL or an attorney.  For more information see, http://www.dol.gov/compliance/guide/eppa.htm .  Since the Wage and Hour Division of the Employment Standards Administration administers and enforces the EPPA, employees may also call there at 1-866-4USWAGE.  Id.  According to the U.S. Department of Labor, the Wage and Hour Division accepts lie detector violation complaints made by employees.  Id.

The EPPA does not cover federal, state and local governments and there are exceptions to the prohibition on private employers using lie detector or polygraph tests, meaning there are circumstances under which a private employer can request a lie detector test.  Id.  Where polygraphs are allowed, they are subject to strict standards for the conduct of the test, including the pretest, testing and post-testing phases.  Id.  There are, this regard, limitations and additional rules the employer must follow where the test is authorized by the Act.  Id.  An examiner must be licensed and bonded or have professional liability coverage.  Id.  Further, the Act strictly limits the disclosure of information obtained during a polygraph test, according to the U. S. Department of Labor.  Id.  The EPPA provides employees the right to file a lawsuit for violations of the Act.  Id.

Whether violation of rules restricting lie detector use by employers occurs in Dallas, Houston, San Antonio or elsewhere, polygraph protection act complainants can contact the Department of Labor or consult an attorney to determine whether a formal complaint or lawsuit is appropriate under the facts and circumstances of the potential case.

According to the Atlanta Business Chronicle, Cincinatti based Kroger Co. recently announced that the company settled a federal race discrimination lawsuit involving black employees in six states, including Georgia, for $16 million.  See, “Kroger Settles Discrimination Suit for $16M,” Atlanta Business Chronicle, http://www.bizjournals.com , 6/19/08.  Kroger is the No. 1 grocer in metro Atlanta.  Id.  The Atlanta publication reported that the lawsuit was originally filed in U.S. District Court in Louisville in 2001 on behalf of 12 black employees, who claimed they were passed over for promotions and paid less than white workers.  Id. 

Whether employment related race discrimination in promotions or pay occurs in Dallas, Houston or elsewhere, victims of racial discrimination at grocery store businesses may contact the Equal Opportunity Employment Commission (EEOC) or an attorney to determine whether a formal complaint or charge of racial discrimination is appropriate under the facts and circumstances of the particular potential case.

A construction company has settled a housing discrimination case for allegedly refusing to rent a house to a family of eight, including an agreement to pay damages and take fair housing training, add “Equal Housing Opportunity” to advertisement logos and formulate a written tenant selection plan, according to Business First of Buffalo.  Sokolowski, Jodi, “Settlement Reached In Discrimination Case,” Business First of Buffalo, http://www.atlanta.bizjournals.com/buffalo/stories/2008/08/11/daily15.html?t=printable , 8/12/08.  When the mother called in response to an advertisement, she was reportedly told that the bedrooms in the five bedroom home were only available to college girls.  Id.  An investigation allegedly revealed that the owner sought only female college students to rent by the room, and, according to the Fair Housing Act, it is illegal to discriminate, and indicate a preference in advertisements, on the basis of sex and the presence of children in a family.  Id.

Whether housing discrimination occurs in Dallas, Houston or elsewhere, victims of housing discrimination have rights and may contact the U.S. Department of Housing and Urban Development or an attorney to determine how best to proceed under the facts and circumstances of the particular potential case. 

American women working overseas in Iraq for contractors have reported sexual assaults by co-workers but are finding themselves in legal limbo, unable to seek justice or even a significant amount of compensation, as result of employer required arbitration clauses that force claims of sexual assault and harassment, as well as rape, to be pursued outside the jury system, according to an article posted by CommonDreams.org.  Risen, James, “Limbo For US Women Reporting Iraq Assaults,” http://www.commondreams.org/archive/2008/02/13/7042/ , 9/2/08.  A Houston resident, who worked for KBR in Iraq from 2004 until early 2007, said that she often saw evidence of sexual harassment or discrimination, and that male supervisors often tried to force female employees to grant sexual favors in exchange for promotions or other benefits.  Id.  As reported in the posting, lawyers for women who have reported that they were raped or assaulted while working in Iraq say that one of the biggest obstacles they face is the arbitration requirement.  Id.  “That means that women who say they were victimized had had great difficulty taking KBR to court for failing to better protect its female employees in Iraq.”  Id.  The issue gained national attention, according to the posting, when a 23-year-old former KBR employee testified at a Congressional hearing in December that she had been gang-raped by co-workers in Iraq in 2005 and urged lawmakers to make it easier for crime victims to sue employers, saying recently that “Victims of crime perpetrated by employees of taxpayer-funded government contracts in Iraq deserve the same standard of treatment and protection governed by the same laws whether they are working in the U.S. or abroad.”  Id.

Sexual harassment can happen at any business regardless of size and is not reserved for high profile scandals, and, in 2007, the United States Equal Employment Opportunity Commission (EEOC) received 12,510 charges of sexual harassment, according to a Laredo newspaper, The Laredo Morning Times.  See, Richards, Ashley, and Christina Rosales, “Sexual Harassment Can Happen At Any Business,” The Laredo Morning Times, http://www.lmtonline.com , 9/1/08.  Interestingly, about 16% of the 12,510 charges received by the EEOC were filed by men.  Id.  According to the president of the Laredo Association of Human Resource Managers, the keyword in harassment is “unwelcome” and any verbal remark or physical action of a sexual nature is not considered harassment until it is unwelcome by the victim.  Id.  In this regard, the inappropriate behavior becomes harassment when the work environment becomes hostile or uncomfortable for the victim or even other employees affected by the harasser’s conduct.  Id.

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.  Id.  Victims can ask the harasser to stop and report the misconduct to management, as well as the EEOC.  Id.  The fact that an employee feels compelled to report the conduct can be a sign that an employer’s policies, if any, concerning sexual harassment in the workplace are unclear or do not exist.  Id.

Whether sexual harassment and employment sex discrimination occurs in Laredo or elsewhere, hostile work environment victims may consult the EEOC or an attorney to determine whether a formal sexual harassment complaint is appropriate under the facts and circumstances of the potential case.

On June 24, 2008, the Department of Justice issued a press release announcing that it had filed a federal court complaint against the City of Dallas, alleging that Dallas subjected an African American employee and former general laborer for the City to racial discrimination and retaliatory termination after the laborer reported to senior management the use of racial slurs by his immediate supervisor and - that same day - the City of Dallas fired him.  See, PRNewswire-USNewswire, “Justice Department Files Lawsuit Against City Of Dallas Alleging Race Discrimination and Retaliation,” U.S. Department of Justice, http://www.reuters.com/article/pressRelease/idUS216201+24-Jun-2008+PRN20080624 , 6/24/08.

“Title VII prohibits discrimination in employment and protects individuals from retaliation when they exercise their rights under the law,” said the Acting Assistant Attorney General for the Civil Rights Division.  Id. ”The Department is committed to enforcing all federal civil rights laws, including Title VII, under its jurisdiction.”  Id.  

Additional information about the Civil Rights Division is available on its website at www.usdoj.gov/crt/ .

Further, victims of employment related racial discrimination in Dallas or elsewhere may contact the Equal Employment Opportunity Commission (EEOC) or an attorney to determine whether a formal charge of race discrimination in, for example, Dallas is appropriate under the facts and circumstances of the potential case. 

Citizens exposed to excessive Taser use or police misconduct can report excessive force use to the police officer’s employer and consult an attorney whether the abusive conduct occurs in Dallas, Houston, Galveston or elsewhere since excessive force by police could give rise to a claim for civil damages.

An Ohio woman repeatedly shocked with a Taser outside a bar by a police officer last September has, in this regard, recently filed a federal lawsuit, claiming violations of her constitutional rights, assault and battery, emotional distress and false arrest after an incident - caught on a police camera - in which the officer used his Taser numerous times, twice while the woman was in handcuffs, according to the Tribune Chronicle.  See, Kosinski, Marly, “Taser Victim Seeks Millions,” Tribune Chronicle, http://www.tribtoday.com/page/content.detail/id/508737.html , 8/2/08. The lawsuit alleges that the woman suffers from black outs, dizziness, seizures and pain.  Id.  As reported in the article, the video apparently shows the woman trying to kick out the rea window of the police cruiser.  Id.

Sexual misconduct by law enforcement officers, including jail, prison and corrections officers, violates civil rights and may give rise to a sexual misconduct lawsuit whether the sexual abuse occurs in Texas or elsewhere, and victims of law enforcement sexual misconduct may report the abusive conduct to the officer’s employer and contact an attorney to determine whether a civil rights lawsuit is appropriate under the facts and circumstances of the particular case.

In this regard, a law firm focusing on civil rights filed a lawsuit against a former Colorado prison guard and the Colorado Department of Corrections alleging that the former guard raped and sodomized an inmate - treating her as a “virtual sex slave” - at the women’s correctional facility in 2006 and that the department failed to act to stop the abuse which escalated to a point where the inmate was physically injured.  See, Rosa, Erin, The Colorado Indpendent, “Former Corrections Officer Accused Of Sexual Misconduct, Rape,” http://www.coloradoindependent.com/4263/former-corrections-officer-accused-of-sexual , 5/23/08.  The lawsuit also alleges that other inmates at the women’s facility saw the guard raping and engaging in sexual behavior with other inmates, and that the corrections department was negligent in letting such things occur in a state facility.  Id.  An arrest warrant was issued for the former prison guard who is facing both civil and criminal charges of sexual misconduct with inmates, including rape, according to The Colorado Independent article.  Id.

In a Madison, Wisconsin federal lawsuit filed in April, 2008, court filings allege that a jailer sexually abused a psychologically frail inmate by having the inmate repeatedly perform oral sex.  See, Murphy, Kevin, “Federal Lawsuit Alleges Sexual Misconduct In Monroe County Jail,” La Crosse Tribune, http://www.lacrossetribune.com/articles/2008/04/09/news/z05jail09.txt , 4/9/08.  A jail nurse had recommended that the inmate be placed on suicide watch, and, according to the victim’s attorney, the woman’s mental health deteriorated while she was in jail.  Id.  A criminal charge was brought against the jailer.  Id.

By reporting sexual misconduct, jail, prison and correctional facility victims may be able to not only protect their own civil rights but also spark investigations which could prevent future sexual abuse. 

According to the Associated Press, the National Park Service is investigating whether a park ranger used excessive force in breaking up a party at Acadia National Park’s Day Mountain where the park ranger allegedly threw a man to the ground after the man had been handcuffed, knocking the man out and causing facial fractures.  See, “Ranger Accused of Excessive Force in Acadia Park,” Associated Press Wire Report, August 26, 2008, http://news.mainetoday.com/updates/032045.html .  As reported, the episode unfolded early on August 18th when a group of 40 people made a midnight hike up Day Mountain and the rangers responded to a complaint.  Id.  Rangers responding to the complaint issued citations for possession of marijuana and possession of alcohol by a minor.  Id.

There are on average between five and ten special investigations of alleged ranger misconduct a year in the National Park Service’s Northeast Region, which comprises Pennsylvania, New York, Virginia, West Virginia and the six New England states, including Maine, and those investigations can be about anything from alleged fraud or credit card misuse to allegations of excessive force, according to the Chief Ranger for the Northeast Region.  See, Trotter, Bill, “Feds Start Probe Into Park Ranger Brutality Claim,” Bangor Daily News, http://www.bangordailynews.com/detail/49550.html , 8/26/08. 

Excessive use of force by law enforcement, including rangers, may be reported by victims to the officer’s employer, and whether excessive force occurs in Baytown, Beaumont, Dallas, Houston or elsewhere, victims of law enforcement misconduct may consult an attorney to determine whether an excessive force lawsuit may be appropriate under the facts and circumstances of the potential case.

According to an article in the Fort Bend Herald, former Houston Texans fullback Jameel Cook’s attorney wonders whether the athlete’s arrest last week on a marijuana charge is cooked up and whether Mr. Cook has been victimized by racial profiling.  See, Munsch, Don, “Attorney Says Sheriff Is Profiling,” Fort Bend Herald, http://www.fbherald.com/articles/2008/08/27/news/doc48b46c45cf493645815950.txt , 8/26/08.  Cook was pulled over by a Fort Bend County Sheriff’s deputy who saw that Cook’s Mercedes-Benz had no front license plate or registration sticker.  Id.  The deputy found the marijuana, but his attorney contends that the marijuana did not belong to Cook.  Id.  It is also alleged that Cook did not have a valid Texas driver’s license, did not have proof of liability insurance and had a suspended Florida driver’s license.  Id.   The Fort Bend County Sheriff reportedly said that the suggestion of racial profiling is “bull” and that his officer’s do not engage in racial profiling, but when asked about the yearly motorist stop and arrest statistics his office forwards to the commissioners court, the Sheriff said he does not pay much attention to that data because those statistics are “meaningless” and can be bent to fit someone’s interpretation.  Id. 

Racial profiling of motorists is improper and is not supposed to occur.  The allegation of racial profiling is meaningful.  Indeed, efforts have been undertaken to stop the occurrence of racial profiling by requiring law enforcement to keep, for example, traffic stop and arrest data so that the records can be reviewed and analyzed.  Ignoring the data can prevent law enforcement from using a tool to address racial profiling and better prepare and train law enforcement officers to avoid racial profiling as a basis for traffic stops.

Motorists in Beaumont, Dallas, Houston or elsewhere who believe their traffic stop or arrest was the result of racial profiling may make a written complaint to the responsible police department or sheriff’s office in order to document the event and provide the officer’s employer an opportunity to investigate whether the stop occurred as a result of racial profiling.  To learn more about what one can do if one believes he or she has been stopped because of racial profiling, an attorney may be contacted or one can visit, for example, the American Civil Liberties Union (ACLU) website.