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.

According to an Equal employment Opportunity Commission charges, Motherhood Maternity, a Philadelphia-based maternity clothes retailer, refused to hire pregnant applicants and fired an assistant manager for complaining.  See, http://www.eeoc.gov/press/1-8-07.html , 1/8/07.  According to the EEOC, the company employs over 5,000 people and is a leading designer, manufacturer and retailer of maternity fashion in the United States.  Id.  In the lawsuit, the EEOC alleged that a former assistant manager who complained about the company’s policy and practice of discrimination against pregnant applicants was fired.  Id.  The EEOC is responsible for the enforcement of the nation’s laws prohibiting discrimination.

The United States Department of Labor website section dealing with the Family and Medical Leave Act (FMLA) reports that the FMLA provides that eligible employees of covered employers have a right to take up to 12 weeks of job protected leave in any 12 month period for qualifying events without interference or restraint from their employers.  See, http://www.dol.gov/compliance/guide/fmla.htm#EmplRights .  The same website section says that the FMLA also gives employees the right to file a complaint with the Wage and Hour Division of the Department of Labor’s Employment Standards Administration, file a private lawsuit under the Act (or cause a complaint or lawsuit to be filed), and testify or cooperate in other ways with an investigation or lawsuit without being fired or discriminated against in any other manner.  Id.  Where a lawsuit is filed in the courts to resolve the alleged violation of the Act, there is no requirement that the Secretary of Labor be notified before the filing of such a lawsuit, according to the U.S. Labor Department.  See, http://www.dol.gov/elaws/esa/fmla/fc4.asp .  In addition to a damages judgment an employee may recover from the employer, the prevailing employee may recover reasonable attorney fees, reasonable expert witness fees and other costs of the action.  Id.  It is illegal for an employer to, for example, sanction a woman in any way when she becomes pregnant if she is a covered employee under the Act.  In this regard, demotions, adverse work assignments, termination and harassment are potential illegal activities.  In some situations, covered employers try to get around the protections of the FMLA by firing or sanctioning the employee for reasons that are made up and simply untrue.  As such, victims of employer retaliation can file medical leave and pregnancy discrimination lawsuits, so workers who feel they have been subjected to medical leave retaliation or discrimination can contact a discrimination attorney to explore their options and whether they wish to file a lawsuit for discrimination or retaliation.

Source | The U.S. Equal Employment Opportunity Commission

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII, which covers employers with 15 or more employees, including state and local governments. Title VII also applies to employment agencies and to labor organizations, as well as to the federal government. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.