In Houston and nationwide, the Equal Employment Opportunity Commission is receiving increasing quantities of inquiries about workplace law, employment related discrimination, as well as harassment complaints, and the number of discrimination-based workplace lawsuits has risen in Houston federal courts during the past few months compared with the same period last year, according to the Houston Chronicle.  Flood, Mary, “Job Bias Lawsuits On The Increase,” Houston Chronicle, 8/24/08, p. B1.  One Houston attorney cited in the article who defends businesses against discrimination complaints said he has seen an uptick in the number of discrimination cases and another Houston employment discrimination attorney said he has seen more age discrimination and medical leave complaints.  Id.

As reported by the Houston Chronicle, the Equal Employment Opportunity Commission reviews discrimination complaints and files some lawsuits itself while other discrimination cases may be filed by attorneys on behalf of victims and, in some cases, the victim represents themselves in their own case.  Id.

Discrimination charges are at their highest level in five years, according to the Equal Employment Opportunity Commission (EEOC), and, in this regard, the EEOC reportedly received 82,000 private sector discrimination charges last year, noting that this is the highest volume of incoming charges since 2002 and the largest annual increase (9%) since the early 1990s.  See, Rosenberg, Richard, “Bias Charges Up Sharply As Settlements On The Rise,” San Fernando Valley Business Journal, http://www.entrepreneur.com , 7/21/08. Workplace retaliation claims were the second highest category behind race discrimination while pregnancy discrimination charges and sexual harassment, including sexual harassment charges by men, surged to record high levels.  Id.  According to the EEOC, it resolved a record number of charges through its internal mediation process, with more than 96% of the EEOC mediation participants, including employers, saying they were satisfied with that process.  Id.

One reason for the increase in complaints with the EEOC may be attributable, in part, to the EEOC’s online access, citizen meetings and other educational programs in which citizens are made aware of their rights and what steps they can take to protect their rights.  See, Flood, Mary, “Job Bias Lawsuits On The Rise,” Houston Chronicle, 8/24/08, p. B7.

In Houston,  inquiries about employment discrimination made to the EEOC between April 1, 2007 and August 17, 2007 totaled 2,338 and that number for the same period this year rose to 3,241.  Id.  However, the number of actual formal complaints filed in Houston has remained fairly static, according to the article in the Houston Chronicle.  Id.

Historically, race has been the charge most frequently filed since the EEOC became operational in 1965.  See, Rosenberg, Richard, “Bias Charges Up Sharply As Settlements On The Rise,” San Fernando Valley Business Journal, http://www.entrepreneur.com , 7/21/08. 

Whether workplace discrimination or retaliation occurs in Beaumont, Dallas, Houston or elsewhere, victims of bias may contact the EEOC or an attorney to discuss their rights.

Federal law prohibits age discrimination in the workplace, including restaurants, and victims of restaurant age discrimination may consult the Equal Employment Opportunity Commission (EEOC), the AARP at http://www.aarp.org , as well as attorneys in order to learn more about their rights.  Recently, six waitresses filed a federal age discrimination lawsuit against, their employer, a Wisconsin restaurant, claiming they lost their jobs because of their age and weight.  See, http://www.wisn.com/news/17065233/detail.html , “Waitresses File Federal Complaints Against Former Employer,” 8/1/08. 

Whether restaurant age bias or discrimination occurs in Houston or elsewhere, victims of employment related age discrimination or retaliation have civil rights and may contact an attorney should they wish to determine if a restaurant age discrimination lawsuit may ultimately be appropriate in Houston or elswhere under the facts and circumstances of their potential case.

To research opinions about what what one can do with respect to avoiding age discrimination or overcoming age discrimination in the workplace one may want to visit the AARP website as a potential resource.

http://www.aarp.org/money/work/articles/what_you_can_do_about_age_bias.html?CMP=

An article by Bob Skladany posted at http://www.aarp.org entitled “Work @ 50+: What You Can Do About Age Bias” states that even though the ADEA makes age-based discrimination in hiring, pay, benefits, training, advancement and termination illegal, many people over the age of 50, and increasingly older than 40, believe that age bias still exists and affects them.  According to the article, research conducted by RetirementJobs.com and AARP confirms that between 80 and 95 percent of people over the age 50 believe that age bias is a fact of life.

In this regard, The Eagle-Tribune reported recently that a 58-year-old female bartender for a restaurant filed a federal lawsuit after she was fired alleging age discrimination by the restaurant because she contends that her bar manager said the restaurant “should hire sexier and younger bartenders and waitstaff.”  See, Kimble, James, “Bartender Alleges Age Discrimination Against Kingston Restaurant,” The Eagle-Tribune, http://www.eagletribune.com/punewsnh/local_story_135034516.html , 5/14/08.  The plaintiff in that restaurant age discrimination lawsuit claims two younger women are now working her shifts, and, according to her attorney, both of the employees “are attractive, young females” who are 30 years younger than the plaintiff.  Id.

Victims of restaurant age discrimination and age bias can research their rights with the AARP at http://www.aarp.org , contact the Equal Employment Opportunity Commission (EEOC) and consult an attorney.  Whether restaurant age discrimination occurs in Beaumont, Dallas, Houston or elsewhere, victims have civil rights designed to protect them against age based employment discrimination and may ultimately contact an attorney to see whether a restaurant age discrimination lawsuit may be appropriate in Beaumont, Dallas, Houston or elsewhere under the facts and circumstances of their potential case. 

Whether age discrimination occurs in Beaumont, Dallas, Houston, Galveston or elsewhere, age discrimination is illegal since Congress enacted the Age Discrimination in Employment Act (ADEA).  In addition, employees who report age discrimination in the work place may be protected against retaliation.  Filings of age discrimination complaints with the Equal Employment Opportunity Commission (EEOC) have increased the past few years.  Victims of age discrimination may contact the EEOC to file a formal charge of age discrimination and contact an attorney to determine whether an age discrimination lawsuit may be appropriate in Beaumont, Dallas, Houston, Galveston or elsewhere. 

Federal law prohibits age discrimination in the workplace whether the age discrimination occurs in Houston, Dallas, El Paso, San Antonio or elsewhere.  When an employee believes they have suffered age discrimination, the employee can contact the Equal Employment Opportunity Commission or consult an attorney. 

In this regard, the Associated Press reported recently that an Oregon Circuit Court Judge entered an order allowing a 57-year-old man to start work in the Oregon Secretary of State’s Audits Division after the man filed three age discrimination lawsuits as a result of being turned down a dozen times since applying for employment.  See, http://www.newsregister.com/news/story.cfm?story_no=238732 , 8/2/08.  According to the article, the Judge “said the hiring criteria used by the audits division seemed too subjective.”  Id.  

See also, http://www.statesmanjournal.com .

As reported by the Boston Business Journal, worker discrimination complaints are on the rise in Massachusetts, and, according to the article, the surge in complaints may be linked to an economic slowdown as companies and organizations cut employees in a slow job market and tough economy.  Van der Pool, Lisa, “Discrimination Claims Surge As Economy Falters,” Boston Business Journal, http://www.msnbc.msn.com , 7/13/08.  Among the employment claims this year in Massachusetts, about 8% are age related claims.  Id.  One source quoted in the article, stated that filings in Massachusetts go up when “the job market gets tough and people are suffering the most painful employment action, termination.”  Id.  However, just because a business publication points to the economy as a reason for discrimination cases does not mean that the economy is the reason.  For example, the Massachusetts Commission Against Discrimination (”MCAD”) has, according to the article, reported a probable cause finding increase estimated at 30% in 2007, up from 19% in 2006.  Id.  Indeed, a salaried worker laid off by Ford Motor Company alleges in a recently filed Michigan lawsuit that “the Dearborn automaker is using discriminatory criteria to decide who gets the ax in the layoffs, which are expected to begin in earnest” soon.  See, Hoffman, Bryce, “Ford Is sued By Laid-Off Worker,” The Detriot News, http://www.detnews.com , 7/15/08.  The lawsuit, which seeks class action status, alleges, in essence, that the system being used has “been proven to be biased in favor of younger employees and biased against older members of the organization.”  Id.  Victims of age discrimination can contact an attorney to discuss their legal rights and options with respect to making an age discrimination charge of discrimination and whether an age discrimination lawsuit may be appropriate under the facts and circumstances of their potential case.

According to PressofAtlanticCity.com, Ocean City settled an age discrimination lawsuit filed by the former captain of the Ocean City Beach Patrol.  See, Miller, Michael, “O.C. Settles Lawsuit on Age Discrimination,” http://www.pressofatlanticcity.com , 7/2/08.  Last month, the United states Supreme Court ruled for older workers in a closely watched age discrimination lawsuit, placing the burden of proving that a layoff or other action that hurts older workers more than others was based not on age but on some other “reasonable factor.”  See, Greenhouse, Linda, “A Supreme Court Victory for Older Workers,” The New York Times, http://www.nytimes.com , 6/20/08.  According to the New York Times, that case was brought by 28 employees (all but one of whom were at least 40) who lost their jobs during cutbacks at a federal research laboratory in upstate New York.  Id.  In the opinion, Justice Souter stated that there “is no denying that putting employers to the work of persuading fact-finders that their choices are reasonable makes it harder and costlier” to defend an age discrimination lawsuit but that defense is entirely the responsibility of the party raising it.  Id.  Discrimination based on age is illegal and one can contact an attorney to explore his or her legal rights and options to determine whether a charge of age discrimination and an age discrimination lawsuit is appropriate.

The Dallas Morning News reported in a June 10, 2008 article that a sex and age discrimination lawsuit filed against Dallas-based Comerica Securities Inc. accuses the company of “deliberately withholding a trading mistake that lost some of its investing clients money.” See, Torbenson, Eric, “Ex-Employee Sues Dallas’ Comerica Securities Alleging Sex And Age Bias,” The Dallas Morning News, http://www.dallasnews.com , 6/10/08.  According to the article, the plaintiff “contends that the unit of Comerica Bank had a systematic bias against women, especially those who became pregnant, but that it also retaliated against her for complaining about a trading mistake that cost investors $1 million.”  Id.  In addition, “[t]he bank ordered [her] not to disclose the trading problem, and that caused her to develop stress-related physical problems, according to her complaint.”  Id.  She was fired “for allegedly violating company policy related to guaranteeing signatures.”  Id.  In her filing, the article reports that she contends there was no policy governing signatures at the bank.  Id.  According to the news article, “[t]he suit seeks actual damages and damages for emotional distress, along with attorney costs.”  Id.

In the case Gomez-Perez v. Potter, the United States Supreme Court decided on May 27th that the statutory phrase “discrimination based on age” in the ADEA federal-sector provision includes retaliation.  According to the National Employment Lawyers Association, one of the greatest uncertainties surrounding this case was whether the Court would take the opportunity to “correct” the closely divided 5-4 decision in Jackson v. Birmingham Bd. of Ed., 544 U.S. 167 (2005) where the Court interpreted Title IX’s broad “discrimination on the basis of sex” language to encompass retaliation.  Stated another way, there was a concern that the Court might provide a decision that restricted employee rights.  Instead, the majority opinion in Potter re-affirmed Jackson and emphasizes the import of the precedent, making it clear that the view of the dissent in Jackson did not prevail. 

According to a May 26, 2008 article in USA Today, complaints to the US Departiment of Housing  and Urban Development for discrimination (age, gender and disability) have risen from less than 7,100 in 1999 and 2000 to more than 10,000 in 2006 and 2007.  During the same time period, cases filed by HUD on behalf of the victims of discrimination has dropped from 111 in 1999 and 82 in 2000 to 36 in 2006 and 31 in 2007.  The agency claimed it was settling more cases, however, according to the article, the rate of settlement has also dropped approximately 6% since 1999.  The article, “Housing complaints increase, but fewer charges are filed” by Donna Leinwand, (USA Today, May 26, 2008), also indicated that ” HUD dismissed nearly two-thirds of the 2,595 investigated complaints last year. The agency closes cases for reasons such as failure to locate the alleged victim, or for lack of evidence.” id Further, according to the article, “Housing cases at the civil rights division of the Justice Department, which prosecutes cases in which investigators find patterns of discrimination, also have dropped. The department filed 35 civil lawsuits in 2007, marking a steady decrease since 1999.” id  Further, criticism of past performance has been voiced. “The National Fair Housing Alliance, a housing rights group, says HUD and Justice do not vigorously enforce fair housing laws. “It’s a drop in the bucket for the number of complaints that happen annually,” CEO Shanna Smith says.” id  

According to the article, Bush nominee Steven Preston underwent a confirmation hearing last week before the US Senate.  Preston had been nominated to replace Bush Appointee Alphonso Jackson, who left the top job at HUD in April amid allegations of favoritism and misconduct.  The article may be found at: http://www.usatoday.com/money/economy/housing/2008-05-26-housing_N.htm

Also, not in Leinwand’s USA Today article:

Alphonso Jackson was appointed by President Bush as chief of HUD in 2004, but was a high level official since 2001 and was, at the time of his resignation:

Allegedly under investigation by the FBI for directing a government contract to a ”golfing buddy” and has allegedly been involved in litigation for blocking a “land deal” in retaliation against housing officials in Philadelphia. “HUD Chief Resigns Amid Ethics Violations”, by Ed Henry, CNN Politics.com (March 31, 2008) http://www.cnn.com/2008/POLITICS/03/31/hud.resignation/index.html

AND was criticized for cronyism and allegedly supported the politically-motivated concept of preventing contracts from being awarded to persons who didn’t like President Bush. “HUD Secretary Alphosno Jackson Resigns”, by Christine Perez, Dallas Business Journal, March 31, 2008

http://www.bizjournals.com/dallas/stories/2008/03/31/daily1.html?page=1