The Texas Workforce Commission Civil Rights Division (”TWCCRD”) enforces the Texas Commission on Human Rights Act; which has been codified into Texas Labor Code, Chapter 21.  The Texas Labor Code prohibits employment discrimination, including sex discrimination and sexual harassment.  For its own part, the U. S. Equal Employment Opportunity Commission (”EEOC”) enforces federal laws prohibiting employment discrimination, including sex discrimination and sexual harassment.  Sexual harassment is a form of sex discrimination that violates Chapter 21 of the Texas Labor Code and Title VII of the Civil Rights Act of 1964.

In an August 21, 2009 EEOC Press Release, the federal agency announced a major settlement of a discrimination lawsuit under Title VII of the Civil Rights Act of 1964 against a major home improvement company for $1.72 million and significant remedial relief on behalf of three employees in their twenties who were subjected to a pervasive sexually hostile work environment and retaliated against for complaining about it.  See, http://www.eeoc.gov/press/8-21-09.html .  According to the EEOC Press Release, the sexually hostile workplace, which endured for more than six months, included physical and verbal abuse which culminated in one instance of sexual assault.  In this regard, attorneys alleged in the lawsuit that a female employee was sexually assaulted by a 44-year-old male store manager.  As stated in the Press Release, the EEOC asserted that the company not only failed to take prompt remedial action to stop the sexual harassment, but also fired the three victims in the case.  An EEOC attorney quoted in the Press Release said “No worker, regardless of gender or other discriminatory factors, should ever have to endure harassment in order to earn a paycheck.” 

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates and intimidating, hostile, or offensive work environment.  See, TWCCRD “Employment Discrimination Fact Sheets” at http://www.twc.state.tx.us/crd/facts.html . 

Whether a sexually hostile workplace arises in Houston, Huntsville, Pearland or elsewhere, victims of sexual harassment may contact the EEOC and, in Texas, the TWCCRD, as well as an attorney to determine if a hostile work environment lawsuit is ultimately appropriate under the particular facts and circumstances of the potential sexual harassment claim.

Attorneys with the U. S. Equal Employment Opportunity Commission (”EEOC”) have settled a federal sexual harassment and retaliation lawsuit filed against a farming company which operates dairy and egg production facilities in Oregon.  See, http://www.eeoc.gov/press/8-20-09a.html .  According to an EEOC Press Release, the company will pay $260,000.00 and provide remedial relief to settle a lawsuit in which EEOC attorneys charged that a male supervisor repeatedly grabbed, sought to forcibly undress and propositioned a female employee.  As stated in the Press Release, the harassment allegedly continued over many months despite the employee’s complaints to management, to the point where she began to fear for her physical safety.  The EEOC reportedly found that the company retaliated against the employee for reporting the harassment by isolating her from co-workers, forcing her to continue to work with the harasser and pressuring her to resign.  She ultimately quit.  In this regard, sexual harassment and retaliation violate Title VII of the Civil Rights Act of 1964, and the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including sex discrimination and sexual harassment.  An EEOC attorney quoted in the Press Release said “This case involved a supervisor’s serious abuse of power over a female employee,” adding that “[e]mployers must take every report of harassment seriously.”  Further information about the EEOC is available in the agency’s website at www.eeoc.gov .

In an August 20, 2009 Press Release, the U. S. Equal Employment Opportunity Commission (”EEOC”) announced that it has filed an age discrimination lawsuit against AT&T, Inc., a company based in Dallas, Texas, alleging that a class of retired workers were discriminated against by denying them the ability for reemployment solely because they retired under early retirement plans, including the Voluntary Retirement Incentive Program, the Enhanced Pension and Retirement Program or other retirement plan.  See, http://www.eeoc.gov/press/8-20-09.html .  As stated in the Press Release, the effect of this denial of reemployment results in a disproportionate number of older workers not having the same opportunity to apply for reemployment, in violation of the Age Discrimination in Employment Act (ADEA).  According to the EEOC’s lawsuit, the result of the company’s policy is to exclude a class of older workers because of their age from being reemployed by the company regardless of their qualifications.  EEOC Acting Chairman Stuart Ishimaru said, in part, that “This particular case highlights the Commission’s commitment to combating age-based disparate impact discrimination.”  For further information about the EEOC, see the agency’s website at www.eeoc.gov .

The Epilepsy Foundation describes epilepsy as a medical condition which produces seizures affecting a variety of mental and physical functions, saying it is also called seizure disorder.  The prevalence and incidence of epilepsy is said to affect almost 3 million people in the United States, with about 200,000 new cases of seizure disorders and epilepsy being diagnosed each year, according to information provided by the Foundation.  See, http://www.epilepsyfoundation.org .  With respect to epilepsy and workplace discrimination, the Equal Employment Opportunity Commission (”EEOC”) announced in an August 19, 2009 Press Release at http://www.eeoc.gov/press/8-19-09.html that the St. Louis Rams, a National Football League franchise, have agreed to settle a disability discrimination lawsuit for $134,000.00 and important remedial relief.  According to the EEOC Press Release, attorneys with the federal agency brought the disability discrimination lawsuit on behalf of a long-term employee with a seizure disorder.  In this regard, EEOC attorneys charged in the lawsuit that the employee was an assistant trainer who had epilepsy during his entire 11 year tenure with the team before he was fired.  As stated in the Press Release, the EEOC alleged that he had successfully performed his job until team management, in June 2006, claimed he was a medical liability and posed a threat to his own safety and that of coworkers.  A St. Louis EEOC attorney quoted in the Press Release said “The St. Louis Rams, one of the most well-known and prestigious employers in our city, have a legal obligation under the ADA to provide a workplace free from disability discrimination.”  For further information about the EEOC, visit the federal agency’s website at www.eeoc.gov .

The U. S. Equal Employment Opportunity Commission (”EEOC”) announced in an August 18, 2009 Press Release that a Kansas-based staffing company unlawfully discriminated against a 55-year-old Caucasian employee because of her race and age.  According to the EEOC Press Release, the company provides staffing and administrative services to the federal General Services Administration.  As stated in the Press Release, the EEOC charges in a federal lawsuit that the company violated Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act by subjecting the female employee to discrimination due to her race and age, and then firing her in retaliation for reporting the unlawful conduct.  More specifically, the lawsuit contends that the employee was subjected to differential treatment by her younger African American supervisor and fired one day after making a complaint.  In this regard, an EEOC attorney quoted in the Press Release said that the female, Caucasion employee “was singled out for unfair treatment by her supervisor [and] … fired after reporting discrimination to her employer.” 

See, http://www.eeoc.gov/press/8-18-09.html .

Whether race and age employment related discrimination occurs in Baytown, Galveston, League City or elsewhere, vicitims of unlawful workplace discrimination may contact the EEOC and an attorney to determine if a race and age discrimination lawsuit is ultimately appopriate under the particular facts and circumstances of the potential employment discrimination claim.

In an August 19, 2009 Press Release, the U. S. Equal Employment Opportunity Commission (”EEOC”) announced that the nation’s leading retailer of pet services and products will pay $125,000.00 and furnish significant equitable relief to resolve a federal sexual harassment and retaliation lawsuit filed by EEOC attorneys on behalf of female employees allegedly subjected to unwelcome sexual harassment by a store manager.  According to the federal agency’s Press Release, EEOC attorneys charged in the lawsuit that the store manager’s sexually offensive conduct included repeatedly grabbing his genitals while talking to female employees and making explicit sexual comments and innuendos.  The EEOC further claimed that the company not only failed to take prompt and effective action to stop the harassment, as required by law, but engaged in unlawful retaliation against a female manager after she complained.  In this regard, the store manager allegedly yelled at the woman, belittled her in front of subordinates, followed her around the store and disciplined her despite her good job performance.  The EEOC said as well that as a result of the unrelenting harassment and unwarranted retaliation, she was forced to quit her job with the company.  See, http://eeoc.gov/press/8-19-09a.html .  An EEOC attorney quoted in the Press Release said “We filed this lawsuit because all employees have the right to complain about sexual harassment without suffering unlawful reprisals.”  Further information about the EEOC is available at www.eeoc.gov .

Whether unlawful workplace sexual harassment occurs in Baytown, Galveston, League City or elsewhere, victims of employment related sexual harassment may contact the EEOC and an attorney to determine if a sexual harassment lawsuit is ultimately appropriate under the particular facts and circumstances of the potential employment harassment claim.

A posting at http://www.safetyissues.com in the website’s Senior Citizens’ section discusses a report of the Department of Health and Human Services concerning deficiencies found at nursing homes.  In an article entitled “Deficiencies Found in 90% of Nursing homes,” a Safety Issues staff writer says that the average nursing home in the U. S. had at least one deficiency, with for-profit homes getting more citations than homes operated by non-profits and local governments.  According to the article, the most common citations involved quality of care deficiencies, including deficiencies in the care and treatment administered on pressure sores and urinary tract infections.  As the article further states, nearly 20% of homes received citations for immediate jeopardy, abuse, neglect, or actual harm caused to the resident, but, when such incidents occurred, the event was usually isolated.  However, the article also reported that the inspector general warned of some homes which may have failed to provide sufficient staff with appropriate expertise.  In addition, the article noted that the American Health Care Association criticized the Department of Health and Human Services’ inspection system, claiming it is flawed, does not evaluate the quality of services in a reliable way, and fails to set up positive incentives to improvement.  A safety tip offered at the article’s conclusion included a suggestion to carefully compare facilities and services of nursing homes, indicating that non-profit homes may be more likely to provide better care.

The American Psychological Association states that every year an estimated 2.1 million older Americans are victims of physical, psychological, or other forms of abuse and neglect and elder abuse is not just a problem of older people living on the margins of our everyday life.  According to the American Psychological Association at http://www.apa.org/pi/aging/eldabuse.html , most incidents of elder abuse do not happen in a nursing home.  Instead, most elder abuse and neglect occurs at home.  In this regard, the American Psychological Association defines elder abuse as the infliction of physical, emotional, or psychological harm on older adults which can also take the form of financial exploitation or intentional or unintentional neglect of an older adult by the caregiver.  Sometimes older adults harm themselves through self-neglect (e.g., not eating, not going to the doctor for needed care) or because of alcohol or drug abuse.  As stated by the Association, abuse creates potentially dangerous situations and feelings of worthlessness, and it isolates the older person from people who can help.  It is a complex problem that can emerge from several different causes, and that often has roots in multiple factors, including, for example, dependency, financial burden, lack of respect for the elderly, and, among others, family stress.  In order to receive help, people can turn to state agencies on aging and such organizations as the National Center on Elder Abuse at www.elderabusecenter.org or (202)898-2586.

According to a 2008 study by the Centers for Disease Control and Prevention (”CDC”), about five percent of all people over age 65 had to see a healthcare provider or restrict their activity due to fall during a three month period.  An estimated 5.8 million adults over the age of 65 reported they fell at least once in the previous three months, and 1.8 million of them sought medical help or restricted their activity for at least a day, said the 2008 study in the CDC’s Morbidity and Mortality Weekly Report.  About 30 percent of people who fell reported sustaining an injury that led them to visit a healthcare provider or restrict their activity for at least a day.  According to the CDC, the problem of older adult falls is expected to increase as the U. S. population ages.  For further information concerning the CDC and fall injuries and fall prevention among older adults visit the website of the CDC at www.cdc.gov .

The U. S. Equal Employment Opportunity Commission (”EEOC”) is a federal agency which enforces federal laws prohibiting employment discrimination, including sex discrimination which violates Title VII of the Civil Rights Act of 1964.  In this regard, the federal agency announced in an August 13, 2009 Press Release that a manufacturer of custom modular homes will pay $200,000.00 and provide significant injunctive relief to settle a sex discrimination lawsuit filed by EEOC attorneys in North Carolina.  According to the EEOC Press Release, the lawsuit charged that the company refused to hire a female job applicant and a class of similarly situated female applicants because of their sex.  As stated in the Press Release, the company allegedly engaged in gender-based discriminatory hiring practices and maintains a sex-segregated workforce that has the effect of denying female employees equal employment opportunities.  See, http://www.eeoc.gov/press/8-13-09.html .  An EEOC attorney quoted in the Press Release said, “Sex discrimination in hiring continues to be an issue in the 21st Century workplace [and] the EEOC will continue to enforce workplace civil rights laws vigorously to remedy and eradicate sex discrimination.” 

Whether employment related sex discrimination occurs in Houston, San Antonio or elsewhere, victims of workplace gender discrimination may contact the EEOC and an attorney to determine if an employment discrimination lawsuit is ultimately appropriate under the particular circumstances and facts of the potential sex discrimination claim.