The Acting Assistant Attorney General for the U. S. Department of Justice (”DOJ”) Civil Rights Division is quoted in an August 13, 2009 DOJ Press Release as saying “Persons with disabilities who live in retirement communities are entitled to the protections of the Fair Housing Act.”  In this regard, the DOJ Press Release announced that the operator and manager of an Evansville, Indiana retirement community has agreed to pay up to $116,000.00 to resolve a housing discrimination lawsuit in which DOJ attorneys alleged that the defendants violated the Fair Housing Act by prohibiting the use of motorized wheelchairs and scooters in residents’ apartments and in the home’s common dining room during meals.  According to the Press Release, the lawsuit originated when two former residents of the retirement community filed separate complaints with the U. S. Department of Housing and Urban Development (”HUD”) which, after an investigation, determined there was reasonable cause to believe that unlawful housing discrimination had occurred.  See, http://www.usdoj.gov/opa/pr/2009/August/09-crt-799.html .  As described in the DOJ Press Release, the federal Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status.  Another attorney quoted in the Press Release stated “This enforcement action provides yet another real-life example of our commitment to support the rights of persons with disabilities.”  Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line (1-800-896-7743), email the Justice Department at fairhousing@usdoj.gov or contact HUD at 1-800-669-9777.

In an August 14, 2009 Equal Employment Opportunity Commission (”EEOC”) Press Release, the federal agency announced filing of a federal lawsuit against an apartment management company in which attorneys charge that the company violated federal law by punishing a white manager for hiring a black employee at a San Antonio apartment complex.  See, http://www.eeoc.gov/press/8-14-09a.html .  According to the EEOC Press Release, the company demoted a white property manager because he hired a well-qualified African American employee as a leasing agent at an apartment complex in San Antonio.  Such alleged conduct violates Title VII of the Civil Rights Act of 1964.  An EEOC attorney with the San Antonio field office said “Demoting an employee in retaliation for opposing perceived discrimination cannot be ignored.”  Another EEOC attorney in the San Antonio field office added, “It is unlawful for an employer to demote or discharge an employees with hiring authority simply for hiring a black applicant.”  In this regard, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including racial bias and retaliation for complaining about racial bias.  Further information about the EEOC is available in the agency’s website at www.eeoc.gov .  Whether race discrimination in the workplace occurs in San Antonio or elsewhere, victims of employment related racial bias may contact the EEOC and an attorney to determine if an employment discrimination lawsuit is ultimately appropriate under the particular facts and circumstances of the potential racial bias claim.

United States Equal Employment Opportunity Commission (”EEOC”) attorneys charged in a racial harassment lawsuit that a manufacturer of custom modular homes violated federal law by subjecting African American employees to a racially hostile environment at two company locations in Pennsylvania and North Carolina, according to an EEOC August 13, 2009 Press Release.  See, http://www.eeoc.gov/press/8-13-09a.html .  As stated in the EEOC Press Release, the lawsuit alleges that black employees were subjected to egregious racial harassment, including nooses and racially offensive drawings, while employed at the company from around July 2005 to around early 2008.  In addition, black employees were also allegedly subjected to racial slurs, including use of the racial epithet “n—-r.”  The Press Release states as well that the company failed to take action to stop or prevent further harassment.  In this regard, racial harassment violates Title VII of the Civil Rights Act of 1964 and the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including racial harassment.  EEOC attorneys filed the discrimination lawsuit after first attempting to reach a voluntary settlement with the company.  An EEOC attorney quoted in the Press Release said “This agency will continue to carry out its mission to eliminate discrimination in the workplace, and to ensure that employers who condone racial harassment make amends to aggrieved employees.” 

Whether racist graffiti and hangman nooses appear at the workplace in Baytown, League City, Texas City or elsewhere, victims of employment related racial discrimination may contact the EEOC and an attorney to determine if a racial harassment or hostile work environment lawsuit is ultimately appropriate under the particular circumstances and facts of the potential race harassment claim.

Acknowledging that millions of people in the United States provide care for an older adult, The Centers for Disease Control and Prevention (”CDC”) created an initiative called “Help Seniors Live Better, Longer: Prevent Brain Injury” to raise awareness among children and other caregivers of senior citizens about ways to prevent, recognize, and respond to Traumatic Brain Injury or TBI in adults 75 and over.  According to the CDC, one way to help older adults live better lives and stay independent is by learning about Traumatic Brain Injury and how to prevent it.  In this regard, the CDC says that falls are the leading cause of brain injury and people 75 years of age and older have the highest rates of hospitalizations and death related to traumatic brain injury.  The CDC states further that family members and other caregivers of older adults can help protect their loved ones’ health and independence by, for example: (1) reducing their risk for falls; (2) recognizing signs of TBI after a fall occurs; and, (3) taking appropriate steps when signs of TBI are observed.  See, http://www.cdc.gov/BrainInjuryInSeniors/ .  The CDC offers materials such as a “Fact Sheet” and a brochure pertaining to preventing brain injuries in older adults.  As indicated by the CDC, the materials use a concise question-and-answer format to provide information that older adults and their caregivers may use to take an active role in preventing, recognizing and responding to TBI.  In addition, one can contact the CDC at 1(800)232-4636 or 1(888)232-6348.

A Houston Community Newspapers’ Humble Observer news article by Stefanie Thomas discusses a lawsuit recently filed by a Kingwood woman in which the woman alleges that a Houston Police officer sexually assaulted her on a dark and lonely stretch of Hamblen Road.  Citing court records pertaining to the lawsuit, the article states that the woman filed a federal lawsuit against the City of Houston and the former Houston police officer, claiming the City of Houston is responsible for the police officer’s actions by negligently training and supervising him.  The lawsuit was filed by the woman’s attorney while criminal proceedings against the former Houston Police Department Officer are still pending.  In this regard, the article states that the former HPD officer was charged with sexual assault and an improper sexual act with a person in custody after the conclusion of an extensive internal affairs investigation, and, after much rescheduling, was set to begin trial August 17th.  The woman’s attorney reportedly said he researched similar lawsuits against the City of Houston, involving sexual assault by a police officer, and found nearly a handful of them just within the last few years.  The attorney was quoted in the article as saying “This is not the first of its kind.”  In the sexual assault lawsuit, the woman and her attorney are seeking actual and punitive damages against the City of Houston and the former police officer, according to the article.  Houston Police Department officials were referenced in the article as saying that the officer retired from the department in September of 2007 after nearly 24 years of service.  The woman’s attorney hopes the civil case will go in front of a jury toward the end of the year. 

See, http://www.hcnonline.com/articles/2009/05/26/humble_observer/news/2209hpdrapeho.txt  or the Humble Observer news archive at www.hcnonline.com , 5/26/09 “Woman Sues City of Houston In Alleged Sexual Assault By Police Officer,” by Stefanie Thomas.

The National Senior Citizens Law Center or NSCLC advocates before the courts, Congress and federal agencies to promote the independence and well-being of low-income elderly and disabled Americans.  See, http://www.nsclc.org .  According to an NSCLC August 11, 2009 Press Release, the Social Security Administration has agreed to repay more than $500 million in benefits that were unlawfully withheld from 80,000 people whose benefits have been suspended or denied since January 1, 2007.  The agreement is part of a class action lawsuit settlement which has received preliminary court approval.  As stated in the NSCLC Press Release, people whose benefits were suspended or denied between 2000 and 2006 will be notified of the new policy and given a chance to re-establish eligibility.  In this regard, the NSCLC estimates that more than 200,000 people may see their benefits reinstated and/or receive back payments due to the settlement which resolves a lawsuit, Martinez v. Astrue, challenging the Social Security Administration’s method of implementing a narrowly drawn provision of the Social Security Act that seeks to prevent people from using government benefits to flee from arrest.  The NSCLC says that rather than trying to figure out which Social Security recipients were actually fleeing prosecution, the SSA used a computer matching system which matched names in warrant databases to those at SSA, and many of the matches and automatic benefit suspensions involved false or unproven allegations, minor infractions or long-dormant arrest warrants.  An NSCLC attorney quoted in the Press Release said “That vast majority of class members were not fleeing at all.”  The attorney also said “many never knew that criminal charges were pending against them, let alone that a warrant had issued.”  Another attorney involved in the lawsuit added “What’s remarkable about this case is the sheer number of individuals who were unfairly denied benefits and the size of the financial settlement they will receive.”

The Center for Disease Control and Prevention provides a “Fact Sheet” on understanding elder maltreatment at http://www.cdc.gov/violenceprevention/pdf/em-factsheet-a.pdf .  The CDC Fact Sheet states that elder maltreatment includes several types of violence that occur among those ages 60 and older.  According to the CDC, the violence usually occurs at the hands of a caregiver or a person the elder trusts.  In this regard, the CDC says there are six types of elder maltreatment: (1) physical; (2) sexual; (3) emotional; (4) neglect; (5) abandonment; and, (6) financial.  Elder maltreatment is a serious problem in the United States, and many cases are not reported because elders are afraid to tell police, friends, or family about the violence.  In this regard, the CDC recommends taking the following steps: (1) listen to elders and their caregivers; (2) intervene when you suspect elder abuse; and, among other things, (3) educating others about how to identify and report elder abuse.  In addition, the CDC offers websites one can visit to learn more about elder abuse, including the National Center on Elder Abuse at www.ncea.aoa.gov and the National Institute on Aging at www.nia.nih.gov .  Further, the CDC lists in its Fact Sheet some of the risk factors for hurting an elder: (1) drug and alcohol use, especially heavey drinking; (2) high levels of stress; (3) lack of social support; (4) high emotional or financial dependence on the elder; (5) lack of training in taking care of elders; and, (6) depression.  People who suspect senior citizen mistreatment is occurring can also contact elder abuse hotlines or helplines, as well as local law enforcement authorities.

The Equal Employment Opportunity Commission (”EEOC”) announced in an August 12, 2009 Press Release that a packaging and warehousing company will pay $57,500.00 and furnish other relief to settle a federal race discrimination and retaliation lawsuit filed by EEOC attorneys in East St. Louis, Illinois.  See, http://www.eeoc.gov/press/8-12-09b.html .  According to the Press Release, the EEOC’s lawsuit charged that the company failed to provide a black employee the pay raise and health insurance coverage provided to his white co-workers, and then fired him in retaliation for filing a charge of race discrimination with the EEOC.  As stated in the Press Release, race discrimination and retaliation for complaining about such disparate treatment violate Title VII of the Civil Rights Act of 1964.  In this regard, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including race discrimination and retaliation for complaining about unequal treatment based on race.  Further information about the EEOC is available at www.eeoc.gov . 

Whether employment related unequal treatment of workers based on race occurs in Conroe, Houston, Wharton or elsewhere, victims of workplace disparate tretament may contact the EEOC and an attorney to determine if a race discrimination lawsuit is ultimately appropriate under the particular facts and circumstances of the potential employment discrimination claim.

According to the Centers for Disease Control and Prevention, swimming is the second most popular sports activity in the United States, with approximately 339 million swimming visits to recreational water venues.  Pool chemical injuries account for as many as 5,200 emergency room visitis each year.  As stated in a CDC Press release at http://www.cdc.gov/media/pressrel/2009/r090514.htm , a new study by the CDC published in the CDC’s Morbidity and Mortality Weekly Report shows that these injuries are preventable.  The study states that persons can be injured by inhaling fumes when they open pool chemical containers, attempting to pre-dissolve chemicals, or handling them improperly.  Persons can also be injured when chemicals splash into their eyes.  Public pool operators and residential pool owners can protect themselves and swimmers by always securing pool chemicals, reading product names and manufacturer’s directions before each use, using appropriate protective gear, including safety gloves and glasses, and never mixing chlorine products with each other, with acid, or with any other substance.  Further information in this regard is at http://www.cdc.gov/healthyswimming/pdf/pool_chem_assoc_inj.pdf .

A nationwide freight management company has been sued for allegedly violating federal law by refusing to hire non-Hispanics.  According to an August 12, 2009 Equal Employment Opportunity Commission (”EEOC”) Press Release, the company engaged in unlawful employment practices from around October 1, 2002 through June 30, 2004 by refusing to hire an entire class of people for non-management positions at a North Carolina facility because of their non-Hispanic national origin.  As stated in the Press Release, the EEOC charged as well that the company hired predominately Latinos to the exclusion of equally or more qualified non-Latinos.  See, http://www.eeoc.gov/press/8-12-09.html .  EEOC attorneys filed the lawsuit after first attempting to reach a voluntary out of court settlement.  The agency seeks back pay for the discrimination victims, along with compensatory and punitive damages and injunctive relief.