The Employee Polygraph Protection Act (EPPA) of 1988 applies to most private employers, prohibiting most private employers from using lie detector tests, either for pre-employment screening or during the course of employment, and providing civil money penalties for violations as well as the ability to bring a lawsuit, so employees who believe their employer is making unfair demands for a polygraph or lie detector test may consult the U.S. Department of Labor at 1-866-4-USA-DOL or an attorney.  For more information see, http://www.dol.gov/compliance/guide/eppa.htm .  Since the Wage and Hour Division of the Employment Standards Administration administers and enforces the EPPA, employees may also call there at 1-866-4USWAGE.  Id.  According to the U.S. Department of Labor, the Wage and Hour Division accepts lie detector violation complaints made by employees.  Id.

The EPPA does not cover federal, state and local governments and there are exceptions to the prohibition on private employers using lie detector or polygraph tests, meaning there are circumstances under which a private employer can request a lie detector test.  Id.  Where polygraphs are allowed, they are subject to strict standards for the conduct of the test, including the pretest, testing and post-testing phases.  Id.  There are, this regard, limitations and additional rules the employer must follow where the test is authorized by the Act.  Id.  An examiner must be licensed and bonded or have professional liability coverage.  Id.  Further, the Act strictly limits the disclosure of information obtained during a polygraph test, according to the U. S. Department of Labor.  Id.  The EPPA provides employees the right to file a lawsuit for violations of the Act.  Id.

Whether violation of rules restricting lie detector use by employers occurs in Dallas, Houston, San Antonio or elsewhere, polygraph protection act complainants can contact the Department of Labor or consult an attorney to determine whether a formal complaint or lawsuit is appropriate under the facts and circumstances of the potential case.

A construction company has settled a housing discrimination case for allegedly refusing to rent a house to a family of eight, including an agreement to pay damages and take fair housing training, add “Equal Housing Opportunity” to advertisement logos and formulate a written tenant selection plan, according to Business First of Buffalo.  Sokolowski, Jodi, “Settlement Reached In Discrimination Case,” Business First of Buffalo, http://www.atlanta.bizjournals.com/buffalo/stories/2008/08/11/daily15.html?t=printable , 8/12/08.  When the mother called in response to an advertisement, she was reportedly told that the bedrooms in the five bedroom home were only available to college girls.  Id.  An investigation allegedly revealed that the owner sought only female college students to rent by the room, and, according to the Fair Housing Act, it is illegal to discriminate, and indicate a preference in advertisements, on the basis of sex and the presence of children in a family.  Id.

Whether housing discrimination occurs in Dallas, Houston or elsewhere, victims of housing discrimination have rights and may contact the U.S. Department of Housing and Urban Development or an attorney to determine how best to proceed under the facts and circumstances of the particular potential case. 

Citizens exposed to excessive Taser use or police misconduct can report excessive force use to the police officer’s employer and consult an attorney whether the abusive conduct occurs in Dallas, Houston, Galveston or elsewhere since excessive force by police could give rise to a claim for civil damages.

An Ohio woman repeatedly shocked with a Taser outside a bar by a police officer last September has, in this regard, recently filed a federal lawsuit, claiming violations of her constitutional rights, assault and battery, emotional distress and false arrest after an incident - caught on a police camera - in which the officer used his Taser numerous times, twice while the woman was in handcuffs, according to the Tribune Chronicle.  See, Kosinski, Marly, “Taser Victim Seeks Millions,” Tribune Chronicle, http://www.tribtoday.com/page/content.detail/id/508737.html , 8/2/08. The lawsuit alleges that the woman suffers from black outs, dizziness, seizures and pain.  Id.  As reported in the article, the video apparently shows the woman trying to kick out the rea window of the police cruiser.  Id.

Sexual misconduct by law enforcement officers, including jail, prison and corrections officers, violates civil rights and may give rise to a sexual misconduct lawsuit whether the sexual abuse occurs in Texas or elsewhere, and victims of law enforcement sexual misconduct may report the abusive conduct to the officer’s employer and contact an attorney to determine whether a civil rights lawsuit is appropriate under the facts and circumstances of the particular case.

In this regard, a law firm focusing on civil rights filed a lawsuit against a former Colorado prison guard and the Colorado Department of Corrections alleging that the former guard raped and sodomized an inmate - treating her as a “virtual sex slave” - at the women’s correctional facility in 2006 and that the department failed to act to stop the abuse which escalated to a point where the inmate was physically injured.  See, Rosa, Erin, The Colorado Indpendent, “Former Corrections Officer Accused Of Sexual Misconduct, Rape,” http://www.coloradoindependent.com/4263/former-corrections-officer-accused-of-sexual , 5/23/08.  The lawsuit also alleges that other inmates at the women’s facility saw the guard raping and engaging in sexual behavior with other inmates, and that the corrections department was negligent in letting such things occur in a state facility.  Id.  An arrest warrant was issued for the former prison guard who is facing both civil and criminal charges of sexual misconduct with inmates, including rape, according to The Colorado Independent article.  Id.

In a Madison, Wisconsin federal lawsuit filed in April, 2008, court filings allege that a jailer sexually abused a psychologically frail inmate by having the inmate repeatedly perform oral sex.  See, Murphy, Kevin, “Federal Lawsuit Alleges Sexual Misconduct In Monroe County Jail,” La Crosse Tribune, http://www.lacrossetribune.com/articles/2008/04/09/news/z05jail09.txt , 4/9/08.  A jail nurse had recommended that the inmate be placed on suicide watch, and, according to the victim’s attorney, the woman’s mental health deteriorated while she was in jail.  Id.  A criminal charge was brought against the jailer.  Id.

By reporting sexual misconduct, jail, prison and correctional facility victims may be able to not only protect their own civil rights but also spark investigations which could prevent future sexual abuse. 

According to an article in the Fort Bend Herald, former Houston Texans fullback Jameel Cook’s attorney wonders whether the athlete’s arrest last week on a marijuana charge is cooked up and whether Mr. Cook has been victimized by racial profiling.  See, Munsch, Don, “Attorney Says Sheriff Is Profiling,” Fort Bend Herald, http://www.fbherald.com/articles/2008/08/27/news/doc48b46c45cf493645815950.txt , 8/26/08.  Cook was pulled over by a Fort Bend County Sheriff’s deputy who saw that Cook’s Mercedes-Benz had no front license plate or registration sticker.  Id.  The deputy found the marijuana, but his attorney contends that the marijuana did not belong to Cook.  Id.  It is also alleged that Cook did not have a valid Texas driver’s license, did not have proof of liability insurance and had a suspended Florida driver’s license.  Id.   The Fort Bend County Sheriff reportedly said that the suggestion of racial profiling is “bull” and that his officer’s do not engage in racial profiling, but when asked about the yearly motorist stop and arrest statistics his office forwards to the commissioners court, the Sheriff said he does not pay much attention to that data because those statistics are “meaningless” and can be bent to fit someone’s interpretation.  Id. 

Racial profiling of motorists is improper and is not supposed to occur.  The allegation of racial profiling is meaningful.  Indeed, efforts have been undertaken to stop the occurrence of racial profiling by requiring law enforcement to keep, for example, traffic stop and arrest data so that the records can be reviewed and analyzed.  Ignoring the data can prevent law enforcement from using a tool to address racial profiling and better prepare and train law enforcement officers to avoid racial profiling as a basis for traffic stops.

Motorists in Beaumont, Dallas, Houston or elsewhere who believe their traffic stop or arrest was the result of racial profiling may make a written complaint to the responsible police department or sheriff’s office in order to document the event and provide the officer’s employer an opportunity to investigate whether the stop occurred as a result of racial profiling.  To learn more about what one can do if one believes he or she has been stopped because of racial profiling, an attorney may be contacted or one can visit, for example, the American Civil Liberties Union (ACLU) website.  

The Houston Chronicle reported that the investigation of a Baytown jail inmate who died hours after he struggled with jail personnel will probably go to a grand jury, according to a Harris County prosecutor, and, in this regard, a preliminary autopsy finding indicates that the inmate, Richard Eugene Mathes, had “internal physical trauma” severe enough to cause the death of the 50-year-old Mathes who was found dead in his jail cell on August 5, 2008.  See, Noonoo, Jemimah, “Baytown Jail Death Case May Go To A Grand Jury,” Houston Chronicle, 8/24/08, p. B3.  Authorities are investigating whether those injuries occurred during an altercation Mathes had with Baytown jail personnel.  Id. 

According to people interviewed by the Chronicle who knew Mathes, the deceased was a mechanic who loved dogs, had an affinity for pigeons, and, as related by neighbors, was a relatively quiet man who never bothered anyone.  Id.  One person described him as a good guy.  Id.

However, Baytown police allege that Mathes was intoxicated when a city marshal took him into custody for outstanding municipal warrants August 1st and was treated at a hospital for an illness related to a longstanding alcohol addiction before being returned to jail the next day where he was moved into a padded cell a few days later when he became agitated and agressive, refusing to stop standing on a bench in the cell.  Id.  According to a Baytown police source cited in the article, Baytown jailers “had to use physical force to transfer Mathes to the less harsh cell environment.”  Id.   Mathes was later found unresponsive in the cell, where paramedics pronounced him dead.  Id.

Whether alleged excessive force or police misconduct and brutality occurs in Baytown or elsewhere, victims and their families may request investigations by the responsible employer and may consult an attorney to determine whether a police brutality lawsuit may be appropriate under the facts and circumstances of the incident.

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.

Ray Pedraza with Channel KGBT4 “Action 4 Investigates” reported August 22, 2008 that a 68-year-old Alamo, Texas area grandmother claims a Hidalgo County Sheriff’s Deputy used excessive force when, as the complainant contends, he peppar sprayed  her after allegedly storming into her home in search of an armed suspect.  See, Pedraza, Ray, “Family Claims Alamo Grandmother Was Needlessly Peppar Sprayed,” http://www.team4news.com/news/news_story.aspx?id=178674 , 8/22/08.  According to the news report, the deputies were actually there to investigate an alleged theft by the grandmother, Maria Espino, of her granddaughter’s payroll check.  Id.  For her own part, Ms. Espino contends that she “wanted part of the check for rent [her] granddaughter allegedly owed her.”  Id.  While Ms. Espino contends that the officer was agressive, her daughter, the mother of the alleged theft victim, reportedly told “Action 4 News” that “her 68-year-old mother is naturally aggressive and that the whole neighborhood knows it.”  Id.  The Hidalgo County Sheriff said a public integrity unit is looking into the allegations.  Id.

Whether excessive force or police misconduct occurs in Hidalgo County, Houston or elsewhere, citizens may make excessive force complaints to an officer’s employer in order to trigger an internal investigation and citizens may also contact an attorney to discuss whether an excessive force or police misconduct lawsuit may be appropriate under the facts and circumstances of the potential case.

Victims of police brutality or excessive force by the police, including incidents resulting in wrongful death or serious personal injury, may not only make formal complaints to the responsible law enforcement agency but may also contact an attorney to determine whether a civil rights lawsuit for police misconduct in Galveston or elsewhere is appropriate under the facts and circumstances of the potential case. 

In this regard, The Galveston County Daily News reported on August 12, 2008 and August 14, 2008 about two lawsuits which allegedly involve law enforcement misconduct or police brutality.  See, Foley, Sarah, “Lawsuit Claims Police Brutality,” The Galveston County Daily News, http://www.galvestondailynews.com/story.lasso?ewcd=cca35d174061beda8369cc30cb877ff , 8/12/08; See also, Collette, Mark, “Family Of Dead Inmate Sues,” The Galveston County Daily News, http://www.galvestondailynews.com , 8/14/08.

In one lawsuit, the plaintiffs claim excessive force was used when two police officers allegedly beat up a schizophrenic Houston man during an arrest.  See, Foley, Sarah, “Lawsuit Claims Police Brutality,” The Galveston County Daily News, 8/12/08.  This excessive force lawsuit was filed July 29th in Galveston’s U.S. District Court naming the City of Santa Fe, Texas and two police officers as defendants.  Id. 

In the other lawsuit, the family of a 17-year-old illegal immigrant who died in the Galveston County Jail filed a lawsuit claiming that law enforcement authorities did not do enough to protect him from suicide after the family allegedly warned jail officials that he might try to harm himself.  See, Collette, Mark, “Family Of Dead Inmate Sues,” The Galveston County Daily News, 8/14/08.  According to the family’s allegations, the deceased was hospitalized after he was arrested for driving without a license, and, later, when he tried to run from the jail, police beat him at least three times with a baton and used a Taser (at least twice)on the 5 feet 3-inches tall and 125 pound minor.  Id.  As reported in this article, family members want Galveston County to change the way it screens inmates for suicide tendencies, pointing to a Texas Commission on Jail Standards Report showing that Galveston County was among the counties with the most inmate suicides in a four-year period, even though it had a relatively low inmate population.  Id.   

Accoding to Libby Quaid of the Associated Press, a quarter of a million schoolchildren got paddled, swats or licks last year — and blacks, American Indians and kids with disabilities got a disproportionate share of the punishment, according to a study by a human rights group. Even little kids can be paddled. Heather Porter, who lives in Crockett, Texas, was startled to hear her little boy, then 3, say he’d been spanked at school. Porter was never told, despite a policy at the public preschool that parents be notified.  “We were pretty ticked off, to say the least. The reason he got paddled was because he was untying his shoes and playing with the air conditioner thermostat,” Porter said. “He was being a 3-year-old.”

For the study, which was being released today, Human Rights Watch and the American Civil Liberties Union used Education Department data to show that, while paddling has been declining, racial disparity persists. Researchers also interviewed students, parents and school personnel in Texas and Mississippi, states that account for 40 percent of the 223,190 kids who were paddled at least once in the 2006-2007 school year.

Porter could have filled out a form telling the school not to paddle her son, if only she had realized he might be paddled.  Yet many parents find that such forms are ignored, the study said.  Widespread paddling can make it unlikely that forms will be checked. A teacher interviewed by Human Rights Watch, Tiffany Bartlett, said that when she taught in the Mississippi Delta, the policy was to lock the classroom doors when the bell rang, leaving stragglers to be paddled by an administrator patrolling the hallways. Bartlett now is a school teacher in Austin, Texas.  And even if schools make a mistake, they are unlikely to face lawsuits. In places where corporal punishment is allowed, teachers and principals generally have legal immunity from assault laws, the study said.  “One of the things we’ve seen over and over again is that parents have difficulty getting redress, if a child is paddled and severely injured, or paddled in violation of parents’ wishes,” said Alice Farmer, the study’s author.

A majority of states have outlawed it, but corporal punishment remains widespread across the South. Behind Texas and Mississippi were Alabama, Arkansas, Georgia, Tennessee, Oklahoma, Louisiana, Florida and Missouri.  African American students are more than twice as likely to be paddled. The disparity persists even in places with large black populations, the study found. Similarly, Native Americans were more than twice as likely to be paddled, the study found.

The study also found:

—In states where paddling is most common, black girls were paddled more than twice as often as white girls.

—Boys are three times as likely to be paddled as girls.

—Special education kids were more likely to be paddled.

More than 100 countries worldwide have banned paddling in schools, including all of Europe, Farmer said. “International human rights law puts a pretty strong prohibition on corporal punishment,” she said.  In rural Drew, Miss., Nickolaus Luckett still remembers the paddlings he got in fifth and seventh grades. One happened when he called a teacher by her first name, the other when a classmate said, wrongly, that he threw a spitball.

“I didn’t get any bruises, but they still hurt, and from that point on, I told myself and my parents I wasn’t going to take any more paddlings,” said Luckett, who is about to be a sophomore at the University of Mississippi. 

It’s not an easy choice. In many schools, kids can avoid a paddling if they accept suspension or detention, or for younger kids, if they skip recess. But often, a child opts for the short-term sting of the paddle. And sometimes teachers don’t have the option of after-school detention, because there are no buses to take kids home later. During the three years Evan Couzo taught in the Mississippi Delta, he refused to paddle kids, offering detention instead. But others — teachers, parents, even kids — were accustomed to paddling. “Just about everyone at the beginning of the year said, ‘If he or she gives you any trouble, you can paddle them. You can send them home, and I’ll paddle them. Or you can have me come out to the school, and we can both paddle them.’ “It’s really just a part of the culture of the school environment there,” Couzo said.

There is scant research on whether paddling is effective in the classroom. But many studies have shown it doesn’t work at home, said Elizabeth Gershoff, a University of Michigan assistant professor of social work.

“The use of corporal punishment is associated almost overwhelmingly with negative effects, and that it increases children’s problem behavior over time,” Gershoff said. Children may learn to solve problems using aggression, and a sense of resentment might make them act out more, Gershoff said.

The practice is banned in 29 states, most recently in Delaware and Pennsylvania. While some education groups haven’t taken a position on the issue, the national PTA believes paddling should be banned everywhere.

“We teach our children that violence is wrong, yet corporal punishment teaches children that violence is a way to solve problems,” said Jan Harp Domene, the group’s president. “It perpetuates a cycle of child abuse. It teaches children to hit someone smaller and weaker when angry.”

Houston Chronicle, August 20, 2008 (written by Libby Quaid of the Associated Press).