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Houston's Top Lawyers -- The Cletus Ernster & Mickey Washington Interview
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2007 - 2008 “Matthew W. Plummer, Sr. Justice Award.”
2007 Texas Super Lawyers
2006 Law Dragon 500 New Star
2006 H Texas Magazine Houston's Top Lawyers
NAACP Alex Award For Legal Excellence
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Texas Lawyer Magazine 40 up and coming lawyers under 40
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EEOC Employment Discrimination Charge Statistics |
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Texas Sexual Harassment Retaliation Lawsuit
By Cletus Ernster
In a Press Release at http://www.eeoc.gov/press/9-23-09i.html , the U. S. Equal Employment Opportunity Commission (”EEOC”) announced that agency attorneys filed a federal discrimination lawsuit in Texas in which the EEOC alleges that a Richardson, Texas company violated Title VII of the Civil Rights Act by subjecting a female employee to sexual harassment and firing her in retaliation for filing a formal complaint with the EEOC’s Dallas District Office. According to the September 23, 2009 Press Release, EEOC attorneys charge in the harassment lawsuit that the female employee was subjected to an environment in which her male co-workers made sexually explicit and hostile remarks on a daily basis. The EEOC also claims that she complained to management and Human Resources about the behavior but the company failed to take action reasonably calculated to stop the harassment. As discussed in the Press Release, she was selected for layoff shortly after she filed a formal complaint with the EEOC’s Dallas office. EEOC attorneys filed the lawsuit after first attempting to reach a voluntary settlement.
An EEOC attorney quoted in the Press Release stated that “Unfortunately, there is a belief in some workplaces that women should have to adjust to abusive language and behavior.” An EEOC Dallas attorney added his thoughts, criticizing those companies which put greater value on the freedom to harass women than on the value of a healthier workplace marked by courtesy and respect for co-workers. Further information about the EEOC is available on the agency’s website at www.eeoc.gov .
Whether employment related sexual harassment and retaliation for complaining about it occurs in Dallas, Richardson, Tyler or elsewhere in Texas, sexual harassment victims may contact the EEOC and an attorney to determine if a Texas sexual harassment and retaliation lawsuit is ultimately appropriate under the particular facts and circumstances of the potential employment discrimination claim.
Link to Article:
Texas Sexual Harassment Retaliation Lawsuit
Posted in:
Retaliation, Sex Discrimination, Sexual Harassment
Texas Religious Discrimination Lawsuit
By Cletus Ernster
The U. S. Equal Employment Opportunity Commission (”EEOC”) is a federal agency which enforces federal laws prohibiting employment discrimination, including discrimination based on an individual’s religion. In Fiscal Year 2008, religious discrimination charge filings with the EEOC and state/local agencies nationwide rose 14 percent to 3,273.
In an EEOC Press Release at http://www.eeoc.gov/press/9-23-09f.html , agency attorneys announced filing of a religious discrimination lawsuit against a Denton, Texas based company which operates a franchise in Bridgeport, Texas, charging that the company violated federal law by firing a product technician when he declined to participate in the company’s “Red Shirt Friday” dress code. According to the EEOC Press Release, the dress code was a store practice intended to show support for the U. S. military; however, the employee was a Jehova’s Witness prohibited by his religion from expressing opinions about government matters, including military affairs. As stated in the Press Release, the Jehova’s Witness employee sought to be excused from wearing the red shirt on Fridays, but was reprimanded and ultimately fired. Title VII of the Civil Rights Act of 1964 prohibits religious discrimination and requires employers to make reasonable accommodations to employees’ and applicants’ sincerely held religious beliefs as long as this does not pose an undue hardship. EEOC attorneys filed the religious discrimination lawsuit in Tyler, Texas after first attempting to reach a voluntary settlement. An EEOC trial attorney quoted in the Press Release stated that “It is not an employer’s place to formulate its own interpretation of an employee’s religious belief and base its accommodation decision on misguided and uninformed conclusions about that employee’s religion.”
Whether workplace religion discrimination occurs in Denton, Bridgeport, Tyler or elsewhere in Texas, vicitims of 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 employment discrimination claim. Further information about the EEOC is available in the agency’s website at www.eeoc.gov .
Link to Article:
Texas Religious Discrimination Lawsuit
Posted in:
Religious Discrimination
Houston Discrimination Lawsuit
By Cletus Ernster
The U. S. Equal Employment Opportunity Commission (”EEOC”) is a federal agency which enforces federal laws prohibiting employment discrimination, and anyone who believes he or she has been subjected to discriminatory employment practices in the Houston area may contact the EEOC’s Houston District Office, which is located in downtown Houston and may be reached by telephone at (713)209-3372. In this regard, an EEOC Press Release at http://www.eeoc.gov/press/9-24-09a.html states that agency attorneys filed a workplace discrimination lawsuit against a Houston area automotive dealership and service center, alleging that the business subjected a white male worker over the age of 40 to unlawful harassment based on his race, age and sex by his African American supervisor. According to the September 24, 2009 EEOC Press Release, the worker found his sales paperwork in his supervisor’s waste basket and the supervisor told him he would process his deals. The EEOC said that the worker complained to higher management to no avail, and continued harassment and retaliatory treatment forced him to resign. An EEOC Houston attorney quoted in the Press Release commented that the federal agency will vigorously prosecute all violations of workplace anti-discrimination laws. EEOC attorneys filed the employment discrimination lawsuit in Houston after first attempting to reach a voluntary settlement.
Whether work related employment discrimination, including racial discrimination, occurs in Houston or elsewhere, victims of employment discrimination may contact the EEOC and an attorney to determine if a Houston employment discrimination lawsuit is ultimately appropriate under the particular facts and circumstances of the potential discrimination claim. Further information about the EEOC is available in the agency’s website at www.eeoc.gov .
Link to Article:
Houston Discrimination Lawsuit
Posted in:
Employment Discrimination, Racial Discrimination
Armed Forces Military Service Lawsuit
By Cletus Ernster
The U. S. Department of Justice (”DOJ”) Civil Rights Division has given a high priority to the enforcement of military service members’ rights under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). In this regard, the DOJ states that, subject to certain limitations, USERRA requires that individuals who leave their jobs to serve in the military be promptly reemployed by their civilian employers in the same positions, or in positions comparable to the positions that they would have held had they not left to serve in the military. Further, the DOJ states that USERRA also requires that civilian employers reemploy returning servicemembers in positions of like pay, status and benefits to the positions the servicemembers would have held if they had been continuously employed by their civilian employers. In this regard, a Press Release at http://www.usdoj.gov/opa/pr/2009/September/09-crt-1031.html says that the DOJ has filed its 19th USERRA lawsuit this year. According to the September 25, 2009 Press Release, DOJ attorneys filed a federal lawsuit alleging that a company willfully violated USERRA by failing to promptly reemploy a retired Army servicemember when he returned from military service. DOJ attorneys seek in the lawsuit to have the servicemember reemployed as a full time security guard sergeant. In addition, DOJ attorneys seek other relief, including lost wages and benefits. A DOJ attorney quoted in the Press Release commented that “No servicemember should be made to fear for his or her livelihood because he or she answered our country’s call to duty.” Additional information about USERRA can be found in the DOJ’s website at http://www.usdoj.gov/crt/emp . Whether discrimination against members of the armed forces occurs in Texas or elsewhere, servicemember victims of employment discrimination may contact the DOJ or an attorney to determine if a military service lawsuit is ultimately appropriate under the particular circumstances and facts of the potential USERRA violation claim.
Link to Article:
Armed Forces Military Service Lawsuit
Posted in:
Employment Discrimination
Older Workers Age Discrimination Lawsuit
By Cletus Ernster
In a September 22, 2009 Press Release at http://www.eeoc.gov/press/9-22-09.html , the Equal Employment Opportunity Commission (”EEOC”) announced that its attorneys sued a metal recycling company for age discrimination, alleging that the company violated federal law by refusing to hire a qualified 76-year-old applicant because of his age. According to the EEOC’s Press Release, the federal lawsuit charges that the older worker applied for the position of diesel mechanic, and, although he was qualified for the position, the company refused to hire him, stating it was looking for someone younger. EEOC attorneys charge that the company continued to seek applicants for the position, and ultimately hired an individual who was substantially younger than the older worker and who was less qualified. As stated in the Press Release, discrimination against persons age 40 and over because of age violates the Age Discrimination in Employment Act (ADEA). In this regard, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including discrimination against older workers based on their age. An EEOC attorney quoted in the Press Release stated that “Federal law ensures that older workers have the right to participate in the workplace regardless of age.” Further information about the EEOC is available at www.eeoc.gov .
Whether employment related age discrimination occurs in Beaumont, Houston, Port Arthur or elsewhere, older worker victims of age bias may contact the EEOC and a lawyer to determine if an age discrimination lawsuit is ultimately appropriate under the particular facts and circumstances of the potential older worker age bias claim.
Link to Article:
Older Workers Age Discrimination Lawsuit
Posted in:
Age Discrimination
Male On Male Sexual Harassment Case
By Cletus Ernster
The U. S. Equal Employment Opportunity Commission (”EEOC”) is a federal agency which enforces federal laws prohibiting employment discrimination, including sexual harassment, and conduct where men sexually harass other men can violate Title VII of the Civil Rights Act of 1964. In a September 23, 2009 Press Release at http://www.eeoc.gov/press/9-23-09.html , the EEOC announced that its attorneys filed a federal lawsuit in which the EEOC claims that a construction company subjected a former employee to a sexually hostile work environment on a federal post-Katrina bridge repair project and then retaliated against him for complaining about the harassment. According to the EEOC Press Release, a company supervisor sexually harassed a male subordinate, and when the male subordinate complained about the harassment, he was involuntarily transferred and ultimately discharged. EEOC attorneys charged that the harassment included verbal abuse and taunting gestures of a sexual nature. As stated in the Press Release, the EEOC filed the lawsuit after first attempting to reach a voluntary settlement. Further information about the EEOC is available at www.eeoc.gov .
Link to Article:
Male On Male Sexual Harassment Case
Posted in:
Sexual Harassment
Houston Sex Discrimination Lawsuit
By Cletus Ernster
In a Press Release at http://www.eeoc.gov/press/9-22-09c.html , the Equal Employment Opportunity Commission (”EEOC”) announced that its attorneys filed a sex discrimination lawsuit against the Houston branch of a security personnel company, alleging that the company violated federal law by reassigning a class of female security guards based on customer preference for male guards. According to the September 22, 2009 EEOC Press Release, attorneys filed the lawsuit in Houston, charging that the company subjected female employees to unequal terms and conditions of employment by assigning or reassigning them as security guards on customer preference for male security guards in violation of Title VII of the Civil Rights Act of 1964. An EEOC attorney quoted in the Press Release stated that “It is disappointing when able workers are denied work because of their gender.” In this regard, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including sex or gender discrimination. Further information about the EEOC is available at www.eeoc.gov .
Link to Article:
Houston Sex Discrimination Lawsuit
Posted in:
Sex Discrimination
San Antonio Racial Harassment Lawsuit
By Cletus Ernster
In a Press Release at http://www.eeoc.gov/press/9-25-09.html , the U. S. Equal Employment Opportunity Commission (”EEOC”) announced that it filed a federal discrimination lawsuit in San Antonio against a Pearsall, Texas nursing and rehabilitation center, alleging that the company violated federal law by subjecting an African American employee to racial harassment and retaliation, and also by retaliating against both her and a white colleague who objected to the misconduct. According to the EEOC’s September 25, 2009 Press Release, the company allowed and condoned the racial harassment of the black employee by her subordinate, including the woman being repeatedly called the “N-word” together with other demeaning expletives. EEOC attorneys charge that the company fired her after she reported the illegal discrimination, and also discharged a white employee for reporting the harassment of her colleague. A trial attorney in the EEOC San Antonio Office was quoted as saying that no one should be subjected to derogatory racial comments and slurs and no company should tolerate such workplace behavior. Another EEOC San Antonio Office attorney added that “Employers should be aware that they have a responsibility to prevent discriminatory treatment and to take remedial action to correct it when they are made aware of it.” EEOC attorneys filed the discrimination lawsuit in San Antonio after first attempting to reach a voluntary settlement. In this regard, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including harassment based on race. Whether racial harassment related to employment occurs in San Antonio or elsewhere, victims of workplace race discrimination and retaliation for opposing the harassment may contact the EEOC and an attorney to determine if a racial harassment and retaliation lawsuit is ultimately appropriate under the particular facts and circumstances of the potential harassment claim.
Link to Article:
San Antonio Racial Harassment Lawsuit
Posted in:
Racial Discrimination, Retaliation
Sexual Harassment Lawsuit Settlement
By Cletus Ernster
Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964. In this regard, the U. S. Equal Employment Opportunity Commission (”EEOC”) is a federal agency which enforces federal laws prohibiting employment discrimination, including sexual harassment. In a Press Release at http://www.eeoc.gov/press/9-23-09b.html , the EEOC announced that a freight company agreed to pay $120,000.00 to settle a gender-based harassment and retaliation lawsuit on behalf of a former clerk. According to the September 23, 2009 Press Release, an EEOC investigation revealed that a facility manager subjected the female 44 year-old Hispanic clerk to a barrage of insults and criticism in front of coworkers and customers almost every day. As stated in the Press Release, none of the male employees at the facility were treated this way; instead, the manager would allegedly address issues with male employees behind closed doors. EEOC attorneys charged in the lawsuit that when the female clerk finally reported the harassment to the company hotline and the regional director, she was terminated in less than a week. An EEOC attorney quoted in the Press Release stated that being made the target of public humiliation and abuse because of one’s gender violates the law. An EEOC Director added, “A Company Hotline is pointless if employees see that the outcome for using it is punishment for speaking out about issues.”
Link to Article:
Sexual Harassment Lawsuit Settlement
Posted in:
Retaliation, Sexual Harassment
Deputy Sheriff Civil Rights Violation
By Cletus Ernster
On September 24, 2009, the U. S. Deaprtment of Justice (”DOJ”) issued a Press Release announcing that a former Choctaw County, Oklahoma deputy sheriff was found guilty by a federal jury in Muskogee, Oklahoma of violating the civil rights of three men by assaulting them without legal justification. See, http://www.usdoj.gov/opa/pr/2009/September/09-crt-1025.html . According to the DOJ Press Release, in one incident, which took place in October of 2005, the former deputy sheriff physically abused a truck driver following a traffic stop, and, in a second incident, which occurred during October of 2007, the former deputy sheriff assaulted two inmates at the Choctaw County Jail. As described in the Press Release, the former deputy sheriff was convicted on three counts of violating the civil rights of his victims and two counts of falsifying official reports. The DOJ stated that he faces a maximum sentence of ten years in prison for each civil rights offense and 20 years for each obstruction offense. Acting Assistant Attorney General Loretta King was quoted in the Press Release as saying that the DOJ will continue to prosecute vigorously law enforcement officers who violate the public trust.
Link to Article:
Deputy Sheriff Civil Rights Violation
Posted in:
Civil-Rights, Excessive Force
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