A drilling company will pay $45,000.00 and furnish other relief to settle a racial harassment lawsuit filed by EEOC attorneys on behalf of a company employee who is a Dakota Santee Sioux of the Sisseton-Wahpeton Band of Eastern Sioux from the Spirit Lake Tribe in North Dakota.  EEOC attorneys alleged in the lawsuit that the Native American man was subjected to harassment based on his Native American race.  According to the EEOC Press Release announcing the settlement, the man was subjected to a workplace fraught with racial slurs and derogatory comments reflecting negative stereotypes of Native Americans, including calling him derogatory names.  See, http://www.eeoc.gov/press/8-12-09a.html .  The EEOC lawsuit further alleged that the victim’s work was hyper-scrutinized by his supervisor, who also made repeated negative comments to the victim in an effort to “run him off.”  As stated in the EEOC Press Release, the lawsuit claimed as well that the victim complained to management but the company took no action and the harassment continued.  An EEOC attorney quoted in the Press Release said “Native Americans are a historically underserved and forgotten population, and the EEOC will not stand by and watch their rights being violated.”  In this regard, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including racial harassment.  Further information about the EEOC is available at www.eeoc.gov .

Dana Littlefield, a staff writer with Union-Tribune, posted an article at SignOnSanDiego.com on June 17, 2009 concerning a jury verdict in a California elder-care facility neglect lawsuit in which Elaine Stinson alleged she suffered abuse and neglect in 2006 at an elder-care facility.  The article says the jury awarded $1.3 million.  See, http://www3.signonsandiego.com/stories/2009/jun/17/bn17elder-gets-award/ .  According to the article, Ms. Stinson - then 82 - was placed in the facility in 2006 by her husband, who was ten years older.  She suffered from Alzheimers Disease and was recovering from hip surgery. The lawsuit alleged that Ms. Stinson fell at the facility on December 31, 2006, and suffered a head contusion, broken ribs and a punctured lung.  Caregivers reportedly placed her in her bed but did not immediately call her doctor or family, and her husband found her nonresponsive the next morning and called 911.  Mrs. Stinson was taken to a hospital for surgery and recovered in a nursing facility for the next ten months.  She now lives in another elder-care facility and her husband has passed away.  Attorneys representing Mrs. Stinson in the lawsuit said that staff members were not properly trained and some could not read, write, or speak English.  However, attorneys representing the facility said the staff was trained and appropriate actions were taken by the staff. Attorneys for the facility planned to appeal the jury’s decision.

The website boomers-with-elderly-parents.com offers tips to prevent falls for elderly parents and caregivers at http://www.boomers-with-elderly-parents.com/fall-prevention.html , saying that many caregivers involved in the elder care of aging parents do not realize how many fall hazards can be found in the common household until their elderly parent takes a bad fall and breaks a leg or hip and is hospitalized for months.  Urging caregivers for elderly parents to take precautions, the posting states that nearly half the seniors who suffer from a serious fracture, such as hip, pelvic or spinal fracture, never completely recover from the injury.  According to the posting, fall prevention, dilligence and attention can alleviate fall risks.  In this regard, caregivers can check the house for loose rugs, too much furniture, difficult to navigate stairs and bathroom stability aids, as well as medications or medical conditions which may alter vision.  In addition, caregivers can create a fall prevention, user friendly home environment by making modifications such as securing rugs, using non-skid only throw rugs, repairing loose or uneven floor boards, using non-slip wax and buff, avoiding use of furniture with design bulges, installing grab bars near toilets and placing non-skid strips on floors near sinks, showers and bathtubs, among other things.  Researching and taking steps toward reducing the risk of falls for senior citizens can provide effective fall prevention.  The website recommends checking resources such as AARP at www.aarp.org or the International Council on Active Aging at www.icaa.cc .

A Mississippi drilling company accused of engaging in racial harassment and retaliation against white and black employees at a South Texas work site has agreed to pay $50,000.00 to settle a race discrimination lawsuit filed by EEOC attorneys in San Antonio, Texas, according to a July 11, 2009 Equal Employment Opportunity Commission (”EEOC”) Press Release.  See, http://www.eeoc.gov/press/8-11-09.html .  As stated in the Press Release, EEOC attorneys charged in the lawsuit that four employees, three white and one black, experienced racial harassment while assigned to a drilling rig near Mirando City, Texas.  The complainants accused the company of not taking steps to address incidents of harassment, including being subjected to racial taunts and mistreatment from Hispanic employees and supervisors working at the remote South Texas work site.  In addition, the Press Release stated that the complainants also claimed that their safety was threatened because company supervisors conducted safety meetings in Spanish only, and refused to interpret for them in English.  Further, the complainants alleged that they were told they needed to learn Spanish because they were in South Texas.  The EEOC lawsuit charges as well that instead of addressing their complaints, the company fired them.  A senior trial attorney with the EEOC’s San Antonio field office was quoted in the Press Release as saying: “Racial harassment - by anyone, against anyone, or in any language at the workplace - is wrong and illegal.”  Another EEOC attorney also quoted in the Press Release added, “This case is an indicator that racial harassment remains a persistent problem at some job sites.”  In this regard, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including racial harassment and race discrimination, as well as retaliation for complaining about it.  EEOC attorneys filed the racial harassment lawsuit in San Antonio after the EEOC first attempted to reach a voluntary settlement.

The Texas Department of Family and Protective Services (”DFPS”) states in a DFPS website posting at http://www.dfps.state.tx.us/about/news/2009/2009-05-01_elder_abuse.asp that no one knows exactly how many older Americans are being abused, neglected, or exploited, but national studies estimate that 3-5 million seniors age 65 and older have experienced abuse.  However, only one in five abuse cases is reported.  In 2008, the Adult Protective Services program of the Texas DFPS completed 68,683 investigations of abuse, neglect, or exploitation involving adults living at home, and of those, the DFPS states that 48,380 cases were confirmed as abuse.  According to the posting, the majority of the cases involve physical or medical neglect, and, often, it was family members, such as adult children, spouses or grandchildren who were the perpetrators.  The DFPS recommended visiting the following website for more information on preventing elder abuse: www.everyonesbusiness.org .  Unfortunately, elder abuse and neglect appears to be on the rise.  In the last decade, the number of in-home cases investigated by APS reportedly more than doubled. 

To report elder abuse to DFPS, one can call the Texas Abuse Hotline at 1-800-252-5400 or make an online report at www.txabusehotline.org .

In two separate Press Releases, the U. S. Equal Employment Opportunity Commission (”EEOC”) announced the July filings of sexual harassment lawsuits, one of which involved male-on-male harassment and the other of which involved female harassment of a male co-worker, according to the EEOC.  In a July 9, 2009 Press Release, the EEOC stated that a nationwide optician chain had been sued for allegedly violating federal law by failing to address sexual harassment complaints from a male employee about a female co-worker and perpetuating a sexually hostile work environment.  More specifically, EEOC attorneys charged in that lawsuit that the male employee was repeatedly subjected to unwelcome sexual advances, lewd sexual comments, sexual propositions and offensive touching, as well as sexual displays toward him.  See, http://www.eeoc.gov/press/7-9-09.html .  The EEOC’s July 13, 2009 Press Release located at the link http://wwweeoc.gov/press/7-13-09a.html describes a lawsuit filed by EEOC attorneys against a construction company for allegedly violating federal law by subjecting a male employee to sexual harassment.  According to that Press Release, the construction company was charged with allowing a male employee to be sexually harassed by his male supervisor.  EEOC attorneys contend in the case that that the male supervisor subjected the harassment victim to constant, extremely obscene comments, sexual innuendos and propositions and implied physical threats.  As stated in the Press Release, the victim repeatedly complained about the treatment, and, at one point he was told, “This is a construction site; this kind of thing goes on all the time.”  An EEOC attorney was quoted as saying “This employer utterly failed in its obligation to protect this employee from sexual harassment, as required by law, causing needless harm to him.” 

The EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including sex discrimination and sexual harassment.  In Texas, 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, and also prohibits sex discrimination and sexual harassment under Texas law.

Whether employment related sex discrimination and sexual harassment occurs in Baytown, Beaumont, Houston or elsewhere, workplace victims of sexual harassment may contact the EEOC and, in Texas, the TWCCRD, as well as an attorney to determine if a sexual harassment lawsuit is ultimately appropriate under the particular circumstances and facts of the potential sexual harassment case.

The Centers for Disease Control and Prevention reported recently that falls are the leading cause of nonfatal injury in the United States.  See, http://www.cdc.gov/media/pressrel/2009/r090629.htm .  According to a study published by the CDC in the Journal of the American Geriatrics Society, from 2001 to 2006, an average of 129 Americans ages 65 and older were treated in emergency departments each day - a total of more than 47,000 each year - for injuries from falls that involved walkers and canes.  For men and women who used walkers or canes, the chances of sustaining a fall increased with age, with the highest injury rates among those 85 and older.  Falls among the elderly can have especially serious consequences, including fractures and injuries to the lower trunk and pelvis.  As stated in the CDC’s Press Release, the study examined six years of emergency department medical records and found that, for older adults who had falls related to walkers or canes, 87 percent of the injuries involved walkers and older women sustained 78 percent of the walker related injuries.  Further, more than half of walker associated fall injuries occurred at home.  In this regard, the CDC Press Release noted that additional studies are needed to better understand fall risk factors for older adults who use walkers or canes, as well as to identify potential design problems and improve design of walkers.  For a full copy of the study, the CDC recommended visiting the website http://www3.interscience.wiley.com/journal/119878233/issue .  In addition, more information about the CDC’s fall prevention efforts among older adults can, according to the Press Release, be found by linking to http://www.cdc.gov/HomeandRecreationalSafety/Falls/index.html .

The U. S. Equal Employment Opportunity Commission (”EEOC”) is a federal agency which enforces federal laws prohibiting employment discrimination, including sex discrimination and sexual harassment which violate Title VII of the Civil Rights Act of 1964.  In this regard, EEOC attorneys announced in an August 7, 2009 EEOC Press Release that the agency filed an employment discrimination lawsuit against a temporary employment staffing firm and a construction company, alleging that they violated federal law by subjecting a class of female employees to a sexually hostile work environment.  According to the Press Release, the plaintiffs were subjected to sexual harassment, including inappropriate sexual comments, requests for sex, and unwelcome touching of the women’s breasts and buttocks by a labor foreman who supervised them and by employees of a third party contractor performing work at the construction company’s work site.  See, http://www.eeoc.gov/press/8-10-09.html .  The EEOC contends that the women complained about the sexual harassment to the temporary staffing company office manager and asked to be transferred to another work site because of the harassment, but their request was denied.  In addition, the EEOC claims that the women complained to the contruction company foreman.  As stated in the Press Release, the harassment continued and the women were forced to resign.  An EEOC attorney quoted in the Press Release called the case a reminder to employers to provide a harassment free workplace regardless of who perpetrates the harassment.  The EEOC filed the lawsuit after first attempting to reach a voluntary out of court settlement.

Whether a sexually hostile work environment arises in Baytown, Freeport, Houston or elsewhere, victims of sexual harassment related to employment may contact the EEOC and 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.

The U. S. Equal Employment Opportunity Commission (”EEOC”) announced in an August 7, 2009 Press Release that a New York partnership has agreed to settle a religious and national origin discrimination lawsuit filed by EEOC attorneys on behalf of four public safety officers who alleged employment discrimination based upon their Rastafarian religion and Caribbean national origins, including Jamaican, Haitian and Trinidadian.  See, http://www.eeoc.gov/press/8-7-09.html .  According to the EEOC Press Release, the company failed to grant the employees’ requests for religious accommodation to the company’s grooming policy, which provided that employees must not wear their hair outside their uniform hats.  As stated in the Press Release, the officers maintain long dreadlocks and short beards in line with their Rastafarian religious faith and three of the officers allegedly faced suspensions for violating the grooming policy.  An EEOC attorney quoted in the Press Release said that “Employers are obligated to explore how they may accommodate employees’ or applicants’ religious beliefs.”  Further information about the EEOC is available in the agency’s website at www.eeoc.gov .

The U. S. Equal Employment Opportunity Commission (”EEOC”) is a federal agency which enforces federal laws prohibiting employment discrimination, including religious discrimination that violates Title VII of the Civil Rights Act of 1964.  In an August 7, 2009 Press Release, the EEOC announced that a beauty salon company will pay $26, 250.00 and provide other relief to settle a religious discrimination lawsuit in which EEOC attorneys alleged that the company refused to accommodate an employee’s sincerely held religious belief.  See, http://www.eeoc.gov/press/8-7-09a.html .  According to the Press Release, a stylist held the religious belief that she could not work on Sunday.  When she informed her employer of her Sabbath Day religious belief and requested a Sabbath Day accommodation, the employer allegedly ignored her request and fired her from her job.  As stated in the Press Release, refusing to accommodate an employee’s sincerely held religious belief, absent undue hardship on the employer, violates Title VII of the Civil Rights Act of 1964.  In this regard, EEOC attorneys filed the religious discrimination lawsuit after first attempting to reach a voluntary out of court settlement.  An EEOC attorney quoted in the Press Release stated that “Ignoring an employee’s request for religious accommodation doesn’t make it go away.”  Further information about the EEOC is available in the agency’s website at www.eeoc.gov . 

Whether employment related Sabbath Day religious discrimination occurs in Conroe, Freeport, Houston, or elsewhere, victims of workplace religious discrimination may contact the EEOC and an attorney to determine if a religious discrimination lawsuit is ultimately appropriate under the particular circumstances and facts of the potential Sabbath Day discrimination claim.