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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
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EEOC Employment Discrimination Charge Statistics |
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Racially Hostile Workplace Lawsuit Settled
By Cletus Ernster
In a July 21, 2009 Equal Employment Opportunity Commission (”EEOC”) Press Release, the federal agency announced that the owners of a Lexington, North Carolina furniture store will pay $80,000.00 and furnish significant injunctive relief to settle a race harassment lawsuit filed by EEOC attorneys. According to the EEOC Press Release, the race discrimination lawsuit alleged that three black production workers were subjected to a racially hostile work environment at various times between 2004 and August 2006. In this regard, the EEOC claimed that the three were subjected to racial harassment in the form of racial slurs directed at them and that the racial slurs included references to African Americans as “monkeys,” statements that blacks should “go back and see [their] ancestors in the jungle,” and name-calling, including the use of the “N-word.” See, http://www.eeoc.gov/press/7-21-09.html . The EEOC alleged that the company was aware of the racial harassment and took no action to stop or prevent it. 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. An EEOC attorney quoted in the Press Release stated that racial harassment and other forms of race discrimination continue to exist in our nation’s workplaces and the EEOC will continue to take all steps necessary to eliminate this type of unlawful conduct. Further information about the EEOC is available at www.eeoc.gov .
Whether unlawful employment related racial harassment occurs in Houston, Texas or elsewhere, victims of a racially hostile work environment may contact the EEOC and an attorney to determine if a race discrimination lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential race harassment claim.
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Racially Hostile Workplace Lawsuit Settled
Posted in:
Hostile Work Environment, Racial Discrimination
Sexual Harassment Lawsuit
By Cletus Ernster
In a July 9, 2009 Equal Employment Opportunity Commission (”EEOC”) Press Release, EEOC attorneys announced the filing of a sexual harassment lawsuit against a nationwide optician chain, alleging that the company violated federal law by failing to address sexual harassment complaints from a male employee at one of its stores. See, http://www.eeoc.gov/press/7-9-09.html . According to the EEOC Press Release, the EEOC charged in the lawsuit that the company subjected a male lab technician to a sexually hostile work environment in which he was repeatedly exposed to unwelcome sexual advances, comments and touching. The lawsuit contends that a co-worker repeatedly touched him, including his private parts; would make lewd sexual comments; would frequently proposition him for sex; and make sexual displays toward him. He allegedly complained about this abusive conduct, but his concerns were ignored. As stated in the Press Release, such alleged conduct violates Title VII of the Civil Rights Act of 1964.
Whether employment related sexual abuse occurs in Gonzales, Lockhart, Luling or elsewhere, victims of workplace sexual harassment may contact the EEOC and an attorney or lawyer to determine if an employment discrimination lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential sexual harassment claim.
Link to Article:
Sexual Harassment Lawsuit
Posted in:
Hostile Work Environment, Sex Discrimination, Sexual Harassment
EEOC Sexual Harassment Lawsuit
By Cletus Ernster
Attorneys with the Equal Employment Opportunity Commission (”EEOC”) announced in a June 30, 2009 Press Release that the federal agency filed a sexual harassment lawsuit against a major real estate development, construction and management company alleging that the company violated federal law by subjecting a class of women to a hostile work environment, sexual harassment, and retaliation for complaining about harassment. See, http://www.eeoc.gov/press/6-30-09a.html . According to the EEOC Press Release, the employment harassment lawsuit charges that an assistant sales agent faced verbal and physical harassment from a lead sales agent and retaliation from a sales manager. As stated in the Press Release, the harassment lawsuit includes allegations that the lead sales agent repeatedly made sexually explicit remarks to the employee, asked her to have sex with him, and threatened her life with a gun in March 2005. The EEOC asserts as well that she was retaliated against when she was denied a promotion and made to share her commission with another employee. Finally, she was forced to quit due to the harassment and retaliation. An EEOC attorney quoted in the Press Release stated that “The EEOC will aggressively enforce laws prohibiting sexual harassment and retaliation in the workplace.”
The EEOC enforces federal laws prohibiting employment discrimination and additional information about the EEOC may be found in its website at www.eeoc.gov .
Whether employment related sexual abuse occurs in Baytown, Brownsville, Wharton or elsewhere, victims of hostile work conditions may contact the EEOC and an attorney or lawyer to determine if a sexual harassment lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential sex abuse claim.
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EEOC Sexual Harassment Lawsuit
Posted in:
Hostile Work Environment, Sex Discrimination, Sexual Harassment
Houston Hostile Work Environment Lawsuit
By Cletus Ernster
Attorneys with the Equal Employment Opportunity Commission (”EEOC”) announced in a March 20, 2009 EEOC Press Release that a Houston surgical center will pay $290,000.00 and provide significant remedial relief to settle a sexual harassment and retaliation lawsuit in which the EEOC charged the Houston surgical center with subjecting several female employees at their Bellaire, Texas facility to a sexually hostile work environment. See, http://www.eeoc.gov/press/3-20-09.html . According to the EEOC Press Release, the lawsuit alleged, more specifically, that a male nurse, who eventually was promoted to a supervisory position, made unwanted sexual advances and sexual jokes and innuendos to female colleagues and subordinates. The EEOC said that women who rejected the advances or complained about harassment were then burdened with more difficult job assignments and had their work performance unfairly disparaged. In addition, the EEOC stated that a nurse who complained in writing about the alleged sexual harassment was fired the following day while another woman who complained was given a poor evaluation. The EEOC enforces federal laws prohibiting employment discrimination, and, in Fiscal Year 2008, 13,867 sexual harassment charges were filed with the EEOC and state or local agencies nationwide, an increase of 11% from the prior year.
Whether hostile employment conditions arise in Bellaire, Houston, Sugar Land or elsewhere, victims of a sexually hostile work environment may contact the EEOC and an attorney or lawyer to determine if a sexual harassment lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential harassment claim.
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Houston Hostile Work Environment Lawsuit
Posted in:
Hostile Work Environment
Construction Industry Sexual Harassment Lawsuit
By Cletus Ernster
In an April 1, 2009 Equal Employment Opportunity Commission (”EEOC”) Press Release, the federal agency announced that it filed a sexual harassment class action lawsuit in which EEOC attorneys charged that road construction company subjected a class of women employees to sexual harassment, and, with respect to one woman, fired her for complaining about it. See, http://eeoc.gov/press/4-1-09d.html . According to the EEOC Press Release, the EEOC lawsuit alleges that a supervisor subjected a class os women working on a highway project near Mora, New Mexico, to sexual harassment, including a barrage of sexual comments and innuendo creating a hostile work environment. EEOC attorneys also reportedly charged one employee suffered retaliation because she opposed the supervisor’s unwelcome conduct and was forced to resign because of the harassment, retaliation, and the employer’s failure to provide appropriate preventive and remedial relief. An EEOC attorney was quoted in the Press Release as saying that “We continue to see a significant number of sexual harassment cases…” Further information about the EEOC may be found in the agency’s website at www.eeoc.gov .
Whether workplace sexual harassment occurs in San Angelo, Sugar Land, South Padre Island or elsewhere, victims of employment related sex discrimination may contact the EEOC and an attorney or lawyer to determine if a hostile work environment lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential sexual harassment claim.
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Construction Industry Sexual Harassment Lawsuit
Posted in:
Hostile Work Environment, Retaliation, Sex Discrimination, Sexual Harassment
Hangman Noose Lawsuit
By Cletus Ernster
Equal Employment Opportunity Commission (”EEOC”) attorneys announced in a June 3, 2009 Press Release that the federal agency charged with enforcing the nation’s federal laws prohibiting employment discrimination has filed a racial harassment lawsuit against two construction companies, alleging that an African American employee was unlawfully suspended for complaining about severe racial insults, threats and physical abuse. See, http://www.eeoc.gov/press/6-3-09.html . According to the EEOC Press Release, a white employee locked a black coworker in a tool shed and then spray painted the shed door with the word “Jail.” As stated further in the Press Release, the same white employee also put a hangman’s noose around the black employee’s neck, hung the noose in his work area, and threatened to decapitate him. The company was aware of the harassment but did not stop it, according to the Press Release. Instead, the EEOC said, the company suspended the black worker after he complained about the noose and rewarded the white offender with a higher-paying position. An EEOC attorney was quoted in the Press Release as saying that “The nightmarish abuse endured in this case is appalling.” In addition, the attorney was also quoted as saying that “The hangman’s noose is a haunting symbol of racial hatred and must never be tolerated.”
Whether employment related racial insults, threats, hangman nooses, and abuse occur in Beaumont, Dallas, Port Lavaca or elsewhere, victims of harassment based on race may contact the EEOC and an attorney or lawyer to determine if a race discrimination, retaliation and harassment lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential hostile work environment claim.
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Hangman Noose Lawsuit
Posted in:
Hostile Work Environment, Racial Discrimination
Sexually Hostile Work Environment Settlement
By Cletus Ernster
An Equal Employment Opportunity Commission (”EEOC”) regional attorney is quoted in an April 9, 2009 EEOC Press Release as saying that “Under federal law, employers are required to maintain an environment free of sexual harassment and retaliation.” In this regard, the EEOC enforces federal laws prohibiting employment discrimination, and, in its April 9, 2009 Press Release, the federal agency announced that Cracker Barrel Old Country Stores, Inc. will pay $255,000.00 and provide other relief to settle a sexual harassment and retaliation lawsuit filed by EEOC attorneys in Tennessee. According to the EEOC Press Release, the EEOC’s lawsuit charged that the Tennessee based restaurant chain allowed its general manager, managers, and other male employees to subject a class of women at its Cedar Bluff, Tennessee location to sexual harassment and retaliated against at least two of them. The Press Release stated further that the general managers, other managers and male employees allegedly made repeated and unwanted sexual jokes and lewd remarks. See, http://www.eeoc.gov/press/4-9-09.html . Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964. Further information about the EEOC may be found in the agency’s website at www.eeoc.gov .
In Texas, the Texas Workforce Commission Civil Rights Division (”TWCCRD”) enforces the Texas Commission on Human Rights Act; which has been codified in to Texas Labor Code, Chapter 21. According to the TWCCRD “Employment Discrimination Fact Sheets,” sexual harassment is a form of sex discrimination that violates Chapter 21 of the Texas Labor Code and Title VII of the Civil rights Act of 1964. See, http://www.twc.state.tx.us/crd/facts.html . As stated by the TWCCRD, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
Whether unlawful sexual harassment creates a hostile work environment in Corpus Christi, Houston, San Antonio or elsewhere, sexual harassment victims may contact the EEOC and, in Texas, the TWCCRD, as well as an attorney or lawyer to determine if a sexual harassment class action lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential sex discrimination claim.
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Sexually Hostile Work Environment Settlement
Posted in:
Hostile Work Environment, Retaliation, Sex Discrimination, Sexual Harassment
Harassment Complaint Retaliation
By Cletus Ernster
In a May 27, 2009 Equal Employment Opportunity Commission (”EEOC”) Press Release, the federal agency announced that a New York drug store chain will pay $240,000.00 and furnish other substantial relief to settle a sexual harassment and retaliation lawsuit in which the EEOC alleged that the company unlawfully created, maintained and failed to remedy a hostile work environment by subjecting several female employees to sex and pregnancy harassment. See, http://www.eeoc.gov/press/5-27-09.html . According to the Press Release, the EEOC charged that a store manager frequently made vulgar comments about women’s private parts, sexually propositioned female employees, made lewd remarks about their pregnancies and bodies, assigned unfavorable job duties to pregnant employees and repeatedly grabbed female employees, including grabbing their buttocks. Further, the EEOC said, the employees who complained and filed discrimination charges with the agency were retaliated against by being subjected to further harassment by their supervisors. An EEOC trial attorney was quoted in the Press Release as saying that “Employers have a duty to maintain a work environment that is free from sexual harassment and retaliation - it’s really that simple.”
Harassment because of a person’s sex or due to her pregnancy and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964. The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available in the federal agency’s website located at www.eeoc.gov .
Whether workplace harassment, discrimination and retaliation occurs in Amarillo, Dallas, Houston or elsewhere, victims of unlawful employer harassment or retaliation may contact the EEOC and an attorney to determine if a hostile work environment and retaliation lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential harassment claim.
Link to Article:
Harassment Complaint Retaliation
Posted in:
Hostile Work Environment, Retaliation, Sex Discrimination, Sexual Harassment
Racial Harassment Case
By Cletus Ernster
In a May 26, 2009 Equal Employment Opportunity Commission (”EEOC”) Press Release, the federal agency announced that a North Carolina lumber and hardware retailer will pay $80,000.00 and furnish other relief to settle a race discrimination and harassment lawsuit in which the EEOC charged that the company subjected a black worker to a racially hostile work environment, including explicit racial slurs as well as racial jokes and derogatory stereotypes about blacks. See, http://eeoc.gov/press/5-26-09.html . An EEOC attorney was quoted in the Press Release as saying that “We are pleased that the EEOC was able to resolve this case of egregious racial harassment.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available in the agency’s website at www.eeoc.gov . 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. In this regard, Chapter 21 of the Texas Labor Code prohibits race discrimination and harassment in the workplace. Further information from the TWCCRD about employment related race discrimination and harassment may be found in the TWCCRD’s “Employment Discrimination Fact Sheets” at http://www.twc.state.tx.us/crd/facts.html .
Whether racial harassment related to employment occurs in Dallas, Houston, San Antonio or elsewhere, employment discrimination victims may contact the EEOC and, in Texas, the TWCCRD, as well as an attorney or lawyer to determine if a hostile work environment lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential race harassment case.
Link to Article:
Racial Harassment Case
Posted in:
Hostile Work Environment, Racial Discrimination
Restaurant Age Discrimination Case
By Cletus Ernster
The Equal Employment Opportunity Commission (”EEOC”) enforces federal laws prohibiting employment discrimination. Age discrimination in the workplace violates the Age Discrimination in Employment Act. During Fiscal Year 2008, age discrimination charges surged to a record high 24,582 - an increase of 29% from the prior fiscal year. See, www.eeoc.gov .
In a May 22, 2009 EEOC Press Release, the federal agency charged in an age discrimination lawsuit that a Florida based restaurant and lounge violated federal law when it discriminated against older employees. According to the Press Release, the EEOC lawsuit alleged that when the restaurant and lounge came under new management in 2007, the new managers stated they would “get rid of all the old and ugly people.” See, http://www.eeoc.gov/press/5-22-09a.html . As stated in the Press Release, older employees were told that there were too many old employees and they needed younger ones, so the restaurant began to cut older employees’ hours and wages, take away their responsibilities, assign them to undesirable shifts, and force them out or terminate them outright. In addition, younger employees were allegedly hired to cover the more desirable shifts and replace the older workers. In this regard, the EEOC’s lawsuit charged as well that a plaintiff and several other employees over 40 were subjected to a hostile work environment and disparate treatment.
Whether age discrimination in employment occurs in Beaumont, Houston, San Antonio or elsewhere, victims of age related hostile work conditions may contact the EEOC and an attorney or lawyer to determine if an age discrimination lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential age discrimination case.
Link to Article:
Restaurant Age Discrimination Case
Posted in:
Age Discrimination, Hostile Work Environment
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