O May 7, 2008, the Equal Employment Opportunity Commission (EEOC) announced the resolution of its class action employment discrimination lawsuit against Specialty Restaurants Corporation, an owner and operator of restaurants and banquet facilities nationwide, and, according to the EEOC, the restaurant company agreed to pay $625,000.00 to claimants and will adopt remedial measures to ensure that its employees are not sexually harassed.  See, http://www.eeoc.gov/press/5-7-08a.html , “Specialty Restaurants To Pay $625,000 For Sexual Harassment, Retaliation,” EEOC Press Release,5/7/08.  In the lawsuit, the EEOC alleged that female workers were subjected to inappropriate touching, indecent and offensive comments, and other forms of sexually harassing conduct by co-workers and supervisors and that the restaurant company retaliated against male and female employees who reported the sexual harassment or cooperated with sexual harassment investigations.  Id.

In Fiscal Year 2007, sexual harassment charge filings with the EEOC and state/local agencies increased for the first time since Fiscal Year 2000, numbering 12,510 - up 4% from the prior fiscal year’s total of 12,025.  Id.  Retaliation charges increased 18% in Fiscal Year 2007, and retaliation is now the second most frequent charge filing with the EEOC.  Id.

Whether sexual harassment in the restaurant industry occurs in Beaumont, Dallas, Houston or elsewhere, victims of sexual harassment or retaliation may contact the EEOC to make a charge of discrimination or consult an attorney to determine whether a sexual harassment and retaliation lawsuit may be appropriate under the facts and circumstances of the case.

According to a federal lawsuit filed by the Equal Employment Opportunity Commission (EEOC) in Oregon, two employees of Video Only, Inc., a home entertainment and audio equipment company headquartered in Seattle, Washington, faced repeated slurs and jokes about their race, national origin, and religion, including use of the “N-word,” by management, telling of racially offensive jokes, use of the epithet “beaner,” and a hog-tied doll with its face painted black.  See, http://www.eeoc.gov/press/8-4-08.html , “Electronics Retailer ‘Video Only’ To Pay $630,000 For Harassment And Retaliation,” EEOC Press Release, 8/4/08.  In the lawsuit, the EEOC alleged that both employees were retaliated against after they reported the harassment.  Id.  In this regard, the EEOC asserted that the company confronted co-workers who supported the plaintiffs and hired a private investigator to gather information to discredit the harassment claims.  Id.  The alleged conduct violates Title VII of the Civil Rights Act of 1964, and, according to the EEOC, the company settled the lawsuit this month, agreeing to pay $630,000 as well as implementing preventative measures.  Id.

According to a McClatchy Newspapers article, AT&T has been ordered by a Dallas jury to pay $411,339 to a Fort Worth, Texas woman who was one of three African-American employees to file suit accusing the company of racial discrimination at its Arlington, Texas call center.  See, Shlachter, Barry, “AT&T Ordered To Pay Texas Woman Who Sued For Racial Discrimination,” McClatchy Newspapers, http://www.sunjournal.com and http://www.theolympian.com/nationworld/story/529072.html , 8/2/08.  McClatchy Newspapers also reported that six other minority employees with similar complaints could not file lawsuits because the statute of limitations ran out while they waited for the company’s responses to internally lodged grievances.  Id.  The jury made its award Monday.  Id.  In the Dallas lawsuit, the plaintiff complained that three white co-workers, including two under disciplinary review, allegedly received promotions to positions for which she had applied despite her superior sales performance and greater seniority.  Id.

Even though federal law prohibits racial discrimination and racial harassment at work, it can still occur, and, in this regard, a recent USA Today Gallup Poll found most Americans saying racism is widespread against blacks in the United States.  See, Gallup, Inc., http://www.gallup.com/poll/109258/Majority-Americans-Say-Racism-Against-Blacks-Wide… , 8/4/08. According to the poll, this includes a slim majority of whites, a slightly higher percentage of Hispanics and the vast majority of blacks.  Id.  “Generally speaking, racism in the United States is thought of as a problem that victimizes blacks and members of other racial or ethnic minority groups,” but, according to the Gallup Poll article, at least 41% of Americans believe that there is also racism against whites, including approximately 4 in 10 whites, blacks and Hispanics sharing this opinion.  Id.  The results of the poll are based on a national sample of 1,935 U.S. adults, including large samples of more than 600 blacks and 500 Hispanics, weighted to represent their correct proportions in the U.S. population, according to the article.  Id.

Whether racial discrimination, racism or racial harassment occurs at work in Houston, Dallas, Fort Worth, San Antonio or elsewhere, victims of race based discrimination on the job can contact an attorney or the EEOC to determine whether a racial discrimination claim is appropriate under the facts and circumstances of the potentail racial harassment claim.

In addition, employees who report racial discrimination and racial harassment in the workplace may be protected under federal law against retaliation by their employer, and, in this regard, may consult an attorney or the EEOC to learn more about reporting discrimination and what protection the law provides against retaliation.

Sexual harassment in the workplace is illegal and can result in a hostile work environment for employees in Houston, Dallas, San Antonio and elsewhere, so sexual harassment victims may contact an attorney or the EEOC to see if a charge of discrimination is warranted.  Sexual misconduct in the workplace can also lead to criminal investigations, as well as lawsuits.

For example, courier-journal.com reported recently on an Indiana State Police investigation into alleged sexual misconduct by a sheriff that was launched after two employees filed criminal complaints accusing the sheriff of touching their breasts and making sexual remarks to them, allegations which first surfaced in the female employees’ filing with the EEOC.  See, “Special Prosecutor Sought In Harrison Sheriff Probe,” The Courier-Journal, http://www.courier-journal.com , 7/30/08.  The female workers have filed a federal lawsuit alleging violations of their constitutional rights. Id.  According to the article, Harrison County government has paid $55,000.00 since last fall to settle four federal lawsuits brought by former sheriff department employees, three of whome were female and alleged hostile work environment and discrimination.  Id.  In additon, the Southeast Missourian posted an article concerning a county administration employee whose return to work may prompt a lawsuit after the employee was confronted by three county commissioners and an attorney about inappropriate computer use at work involving scantily clad women and sex videos, as well as photos or collages of half-naked women.  See, McNichol, Peg, “Ludwig To Return Next Week,” Southeast Missourian, http://www.semissourian.com/article/20080729/NEWS01/942704581/1001 , 7/29/08.  According to the posting, the employee acknowledged in a statement after being confronted that his behavior at work could be considered sexual harassment.  Id.  The sexually provocative material was allegedly displayed in a manner which placed it in the view of female co-workers.  Id.

Sexual harassment in the workplace is illegal whether it occurs in San Antonio, Houston, Dallas or elsewhere, and victims of workplace sexual harassment may contact the EEOC about filing a charge of harassment or consult an attorney to see whether a sexual harassment lawsuit may ultimately be appropriate under the facts and circumstances of the potential case.  For example, the New York Post reported that Madison Square Garden agreed to settle a sexual harassment lawsuit brought by a former cheerleader captain in which she alleged that she was subjected to constant come-ons, including an incident where an executive allegedly tried to force himself on her and pressured her to join a threesome.  See, Cornell, Kati, “MSG Deal Ices 2nd Sex Suit,” New York Post, http://www.nypost.com , 12/27/07.  Improper conduct in the workplace involving sexual advances, sexual assaults and abusive sexual language can create a sexually hostile work environment.  Employees who report sexual discrimination, includuing sexually hostile workplace conditions, and experience retaliation or termination as a result of their report may also consult an attorney whether the retaliation occurs in San Antonio, Houston, Dallas or elsewhere to determine whether a retaliation lawsuit may ultimately be appropriate under the facts and circumstances of the particular potential case.

Whether racial discrimination occurs in Galveston, Houston or elsewhere, racial discrimination in the workplace is illegal and an attorney may be contacted to discuss whether a charge of discrimination and lawsuit could be appropriate under the facts and circumstances of the particular case.

In this regard, a Galveston County newspaper, The Daily News, reported recently that the firing of the financial aid director for the College of the Mainland has been approved by the college’s trustees, but, according to the director’s attorney, the firing occurred in retaliation for the director’s lodging of a race discrimination complaint against the college.  See, Collette, Mark, “COM Fires Financial Aid Cheif,” The Daily News, http://www.galvnews.com/story.lasso?ewcd=206e9d3dceb70467 , 7/29/08.  The director filed his complaint with the U.S. Department of Education in January, according to the article.  Id.  As reported by The Daily News, the director said in his discrimination complaint that college officials use conflicting policies to discriminate against Africa-Americans.  Id.  While the college agreed that it has failed to follow policies, the college contends that allegations of racial discrimination are false and that there were questions about how the director obtained loans for himself while he was taking accounting classes at the college.  Id.

The Texas Labor Code prohibits an employer from firing or terminating an employee for filing a workers compensation claim in good faith or instituting or causing to be instituted in good faith a workers compensation proceeding.  See, Texas Labor Code Section 451.000.  Merely informing an employer of a compensable injury may be sufficient to institute a compensation claim under the Texas statute.  Even though it is illegal to fire an employee for making a claim for workers compensation, the practice does occur, and, in this regard, an employee in Texas need not show he or she was fired solely because of filing the workers compensation claim.  According to the Texas Supreme Court, an employee may, under Texas law, use circumstantial evidence to prove that the employee was retaliated against or suffered wrongful termination as a result of making a workers compensation claim for an on-the-job injury.  In addition, the wrongly terminated employee may also use direct evidence of workers compensation discrimination since some employers may inform the employee directly that the employee was fired because the employee filed a claim for workers compensation.  When direct evidence of illegal workers compensation discrimination is not available, courts in Texas look at a variety of factors, including, but not limited to, whether the employer had a negative attitude toward the employee’s injured condition and whether a different reason for the employment discharge offered by the employer is false.  In other words, if, for example, a worker in Houston, Texas got injured on the job, made a workers compensation claim and then got fired shortly after making the claim, the worker may contact an attorney to see if a retaliation lawsuit under Texas law is appropriate if there is evidence that the employer had a negative attitude about the workers injury or claim and whatever non-worker compensation reason given by the employer for firing the worker is actually false.  When a worker believes he or she has been wrongly fired as a result of making a claim for workers compensation, Texas law may provide for protections and relief to that worker.  Whether the worker is in Houston or elsewhere, they may consider contacting an attorney to see whether a workers compensation discrimination lawsuit is appropriate under the facts and circumstances of the potential case, as well as the law of the state where the workers compensation discrimination occurred.

Sexual harassment violates Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based on race, color, religion, sex or national origin, and prohibits employers from retaliating against those who complain about such misconduct.  See, http://www.eeoc.gov/press/2-8-08.html , 2/8/08.  According to a U.S. Equal Employment Opportunity (”EEOC”) press release posted February 8, 2008, a federal disctrict court jury in Houston returned a verdict against a Houston dry cleaner business for sexual harassment in a case where the EEOC alleged that an owner inappropriately touched a young female employee, propositioned her, besieged her with offensive remarks and kept her against her will during a long car ride while he graphically described his sexual appetites and intent to have sex with her against her will.  Id.  Whether sexual harassment occurs in Houston or elsewhere, sexual harassment in the workplace is illegal and can result in hostile working conditions.  Sexual harassment victims have rights and can make a charge of discrimination with the EEOC.  In addition, sexual harassment victims can contact an attorney to determine whether a lawsuit is ultimately necessary in order to seek damages and hold the sexual harasser accountable for the offensive and egregious misconduct.   

Chapter 301 of the Texas Labor Code states that the Texas Workforce Commission is a state agency established to operate an integrated workforce development system in the State of Texas.  Pursuant to the Texas Labor Code, the Civil Rights Division is an independent division in the Texas Workforce Commission.  The Civil Rights Division collects and analyzes information regarding employment and housing discrimination complaints filed with the Civil Rights Division, the EEOC, the U.S. Department of Housing, and local commissions in Texas.  Chapter 21 of the Texas Labor Code identifies unlawful employment practices, including, more specifically, discrimination by employers.  In this regard, an employer commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the employer fails or refuses to hire an individual, discharges an individual, or discriminates in any other manner against an individual in connection with compensation or the terms, conditions, or privileges of employment or the employer limits, segregates, or classifies an employee or applicant in a manner that would deprive or tend to deprive an individual of any employment opportunity or adversely affect in any other manner the status of the employee.   Further, Chapter 21 of the Texas Labor Code prohibits retaliation against people who oppose a discriminatory practice, make or file a charge, file a complaint or testify, assist, or participate in any manner in an investigation, proceeding or hearing.  In short, the TWC Civil Rights Division enforces the Texas Commission on Human Rights Act which has been codified into the Texas Labor Code.  When a person suffers an employment harm that the person believes resulted from the person’s racem color, religion, national origin, sex, age, disability or retaliation, then the TWCCRD may have jurisdiction to investigate the claim.  To file an employment discrimination complaint with the TWCCRD, one can accessthe TWCCRD Intake Questionnaire and Instructions online, complete the questionnaire, have it notarized and mail it to the TWCCRD (keep a copy for your records) or go to the TWCCRD office located at 1117 Trinity St., Room 144T, Austin, Texas between 8 am and 5 pm.  To obtain more detailed information from the TWCCRD, one can also call the TWCCRD at 1(512)463-2642 or 1(888)452-4778, or visit the website at http://www.twc.state.tx.us .  In Houston, one can call (713)374-3200 or visit, for example, the office located at 2505 Fannin Street, Houston, Texas 77002.  The TWC encourages people to call before visiting their offices in order to verify what services the location can actually provide.  Of course, a person may also contact an attorney to discuss with an attorney one’s legal rights and options with respect to bringing a charge of discrimination and whether a discrimination lawsuit may ultimately be appropriate under the facts and circumstances of the case.  There are lawyers and lawfirms which handle employment discrimination and retaliation cases which may be able to assist you with this process or direct you to a lawyer who may be able to help you with a discrimination case.  Whatever one ultimately decides to do about contacting a lawfirm or attorney, it is important to act promptly since there are deadlines one must meet in order to timely present and file a charge of discrimination.

According to CNN, in December 2006, most Americans, white and black, saw racism as a lingering problem in the United States, and many say they know people who are racist, according to a new poll. But few Americans of either race — about one out of eight — consider themselves racist. And experts say racism has evolved from the days of Jim Crow to the point that people may not even recognize it in themselves. (Watch how many blacks are still afraid to stop in a Texas town )  Id.A poll conducted last week by Opinion Research Corp. for CNN indicates that whites and blacks disagree on how serious a problem racial bias is in the United States. Id.  Almost half of black respondents — 49 percent — said racism is a “very serious” problem, while 18 percent of whites shared that view. Forty-eight percent of whites and 35 percent of blacks chose the description “somewhat serious.” (See the poll results)

Asked if they know someone they consider racist, 43 percent of whites and 48 percent of blacks said yes. But just 13 percent of whites and 12 percent of blacks consider themselves racially biased. The poll was based on phone interviews conducted December 5 through Thursday with 1,207 Americans, including 328 blacks and 703 non-Hispanic whites.

Racism also can be a factor in getting a job. (Watch how poll respondents feel about race and the top job in the U.S. )

Candidates named Emily O’Brien or Neil McCarthy were much more likely to get calls back from potential employers than applicants named Tamika Williams and Jamal Jackson, even though they had the same credentials, according to a study by the University of Chicago.  Racial bias may even determine whether you can flag a cab. New York Times writer Calvin Sims recently wrote about his experiences in the city.  “If a cab passes you by, obviously it is frustrating, it’s degrading and it’s just really confusing, because this is akin to being in the South and being refused service at a lunch counter, which is what happened in the ’60s and ’70s,” he said.

CNN December 12, 2006;(http://www.cnn.com/2006/US/12/12/racism.poll/index.html)