Without admitting guilt, a Beaumont City Attorney announced that Beaumont’s City Council approved a $65,000 racial discrimination lawsuit settlement, according to a Beaumont Enterprise posting.  See, http://www.beaumontenterprise.com/news/local/beaumont_pays_65_000_to_settle_ex-officer_s_suit.html . 

As stated in the January 27, 2010 posting, the mediated settlement goes to a former Beaumont Police Officer who filed an employment discrimination lawsuit in October, alleging he faced retaliation and harassment after writing a letter to a captain asking to be reassigned to a different sergeant.  The police officer claimed his supervisor retaliated by making false allegations that made the officer the subject of an internal affairs investigation.  In addition, he claimed that another sergeant twice inserted the initials “KKK” into his last name on a shift lineup list.  The sergeants remain employed with the Beaumont Police Department, and, according to the Beaumont City Attorney, the settlement amount is based on the City cutting its losses by assessing how much it would cost the City if the case had gone to trial. 

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.  The Texas Labor Code prohibits certain forms of employment discrimination, including racial discrimination and retaliation for complaining about it.  In this regard, the TWCCRD enforces these state laws.  For its own part, the U. S. Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment related racial discrimination and retaliation for complaining about it.  More information about the TWCCRD may be found at http://www,twc.state.tx.us/crd/file_emp.html and further information about the EEOC and the federal laws it enforces may be found at www.eeoc.gov .

Whether employment related racial discrimination and retaliation occurs in Beaumont or elsewhere in Texas, victims may contact the TWCCRD and the EEOC, as well as a lawyer, to determine if an employment discrimination lawsuit is ultimately appropriate under the particular circumstances and facts of the potential race discrimination claim.

The U. S. Equal Employment Opportunity Commission (”EEOC”) enforces federal laws prohibiting employment discrimination, including race discrimination which violates Title VII of the Civil Rights Act of 1964.  In this regard, EEOC lawyers announced in a January 8, 2010 Press Release that a Cleveland automobile dealership will pay $85,000 and furnish other relief to settle a race discrimination and retaliation lawsuit.  According to the EEOC Press Release, EEOC lawyers charged in the case that since 2007 the automobile dealership subjected a class of African Americans to different terms and conditions of employment and a hostile work environment on the basis of race.  In the EEOC Press Release found at http://www.eeoc.gov/eeoc/newsroom/release/8-1-10.cfm , the federal agency claimed further that the discriminatory conduct included racial epithets and also involved management making sales team assignments based upon race.  In addition, EEOC lawyers alleged that an individual was retaliated against after he complained about the unlawful discrimination.

Further information about the EEOC is available at www.eeoc.gov .

Whether unlawful employment related race discrimination and retaliation for complaining about it occurs in Texas or elsewhere, victims of workplace racial discrimination may contact the EEOC and a lawyer to determine whether an employment discrimination lawsuit is ultimately appropriate under the particular circumstances and facts of the potential harassment claim.

The United States Equal Employment Opportunity Commission (”EEOC”) is a federal agency which enforces federal laws prohibiting employment discrimination, including race discrimination and retaliation for complaining about race discrimination in the workplace.  In this regard, EEOC lawyers announced in a December 31, 2009 Press Release at http://www.eeoc.gov/eeoc/newsroom/release/12-31-09a.cfm that a Memphis radioactive waste processing company will pay $650,000 to 23 African American employees and provide other relief to settle a race and retaliation discrimination lawsuit filed in Tennessee.  According to the EEOC Press Release, EEOC attorneys charged in the case that African American employees were subjected to racially offensive comments by their white supervisor, excessive radiation exposure and derogatory slurs.  A lawyer with the EEOC’s Memphis District Office who was quoted in the Press Release stated, in part, that racial harassment remains a longstanding problem in the workplace for many minorities.  Further information about the EEOC is available at www.eeoc.gov .

The U. S. Equal Employment Opportunity Commission (”EEOC”) announced in a December 3, 2009 Press Release at http://www.eeoc.gov/eeoc/newsroom/release/12-3-09.cfm that Eagle Picher Technologies, LLC, which filed for bankruptcy protection in 2005, has settled a retaliation and termination lawsuit in which EEOC attorneys alleged that an employee was terminated in 2004 because of her complaints of sex discrimination and her participation in a 2003 discrimination lawsuit filed by the EEOC.  According to the EEOC Press Release, the company’s bankruptcy trustee settled the discrimination case for over $35,000.00.  In this regard, the EEOC enforces federal laws prohibiting employment discrimination, including retaliation for complaining about sex discrimination.  Information about the EEOC and the federal laws enforced by the federal agency is available at www.eeoc.gov .

The Texas Labor Code prohibits unlawful discrimination against employees who make workers comp claims for on the job injuries.  More specifically, Texas Labor Code Chapter 451 states that a person may not discharge or in any other manner discriminate against an employee because the employee has: (1) filed a workers compensation claim in good faith; (2) hired a lawyer to represent the employee in a claim; (3) instituted or caused to be instituted in good faith a proceeding under Subtitle A; or, (4) testified or is about to testify in a proceeding under Subtitle A.  In this regard, a person who violates the prohibition against workers’ compensation discrimination may be liable for reasonable damages incurred by the employee as a result of the violation, and the discharged employee may also be entitled to reinstatement in the former position of employment.  Specific information concerning the contents of Texas Labor Code Chapter 451 may be found at http://www.statutes.legis.state.tx.us/Docs/LA/htm/LA.451.htm#451.001 . 

Whether employment related workers comp discrimination occurs in Dallas, Houston, San Antonio or elsewhere in Texas, victims of worker comp discrimination may contact an attorney to determine if a workers comp retaliation lawsuit is ultimately appropriate under the particular facts and circumstances of the potential employment discrimination claim.

Under Texas law, the Texas Labor Code prohibits discrimination against an employee who makes a worker compensation claim.  More specifically, the Texas Labor Code states at Section 451.001 that a person may not discharge or in any manner discriminate against an employee because the employee has filed a workers’ compensation claim in good faith; hired a lawyer to represent the employee in a claim; instituted or caused to be instituted in good faith a proceeding under Subtitle A; or, testified or is about to testify in a proceeding under Subtitle A.  The Texas Labor Code further states that a person who violates this Texas law prohibition against worker compensation discrimination may be liable for reasonable damages incurred by the employee as a result of the violation.  In addition, the Texas employee subjected to worker compensation retaliation may seek reinstatement in their former position of employment. 

Whether retaliation against an employee who makes a claim for workers’ compensation occurs in Beaumont, Galveston, Houston or elsewhere in Texas, retaliation victims may have a claim for damages under the Texas Labor Code and may contact an attorney to determine if a Texas worker compensation retaliation lawsuit is ultimately appropriate under particular facts and circumstances of the potential discrimination claim.

A Houston based delivery company doing business in Arizona has been sued by the U. S. Equal Employment Opportunity Commission (”EEOC”) in a sexual harassment and retaliation lawsuit, according to an EEOC Press Release at http://www.eeoc.gov/press/10-6-09b.html .   As reported in the October 6, 2009 EEOC Press Release, agency attorneys charge that the Houston company violated federal law by subjecting female employees to egregious verbal and sexual harassment and then punished them for complaining.  In this regard, the EEOC contends that management failed to take appropriate action to eradicate the harassment, although it was aware of it.  Agency attorneys further charge in the lawsuit that in one instance, a supervisor exposed himself to a female subordinate employee, and in another instance the same supervisor demanded sexual acts from a female subordinate after threatening to terminate her spouse’s employment.  The EEOC said that the victims complained to management and some were subsequently terminated as retaliation. 

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination.  EEOC attorneys filed the sexual harassment lawsuit against the Houston company as the federal agency which enforces federal laws prohibiting employment discrimination, including sexual harassment and retaliation for complaining about it.  Further information about the EEOC and the federal laws it enforces may be found in the agency’s website at www.eeoc.gov . 

Whether workplace sexual harassment occurs in Houston or elsewhere, sexual harassment and misconduct victims may contact the EEOC and an attorney to determine if a sexual harassment lawsuit is ultimately appropriate under the particular circumstances and facts of the potential sex discrimination claim.

The Occupational Safety and Health Administration (”OSHA”) provides information on whistleblower laws at www.osha.gov in the link “Whistleblower Protection.”  In addition, OSHA provides an informational Fact Sheet at http://www.osha.gov/OshDoc/data_General_Facts/whistleblower_rights.pdf which identifies general information about OSHA whistleblower protections and how to make a retaliation complaint.  In this regard, OSHA says an individual may file a complaint with OSHA if the individual’s employer retaliates against the individual by taking unfavorable personnel action against an employee engaging in protected activity relating to workplace safety and health, commercial motor carrier safety, pipeline safety, air carrier safety, nuclear safety, the environment, asbestos in schools, corporate fraud, SEC rules or regulations, railroad carrier safety or security, or public transportation agency safety or security.  Importantly, OSHA enforced whistleblower laws require that complaints be filed within a certain number of days after the alleged retaliation.  Deadlines for some complaints can be as short as 30 days and some complaints must be in writing. 

OSHA states generally that it determines whether retaliation took place by conducting an investigation which looks at certain criteria, including whether the employee engaged in protected activity; whether the employer knew about the protected activity; whether the employer took an adverse action; and, whether the protected activity was the motivating factor (or under some laws, the contributing factor) in the decision to take the adverse action against the employee.  According to OSHA’s Fact Sheet, evidence of adverse action may include, for example, termination, lay-off, blacklisting, disciplining, intimidation, pay reduction, overtime denial, and reducing hours, among others. 

Employees who believe they have been retaliated against because they exercised their legal rights as an employee may contact OSHA at their closest OSHA regional office.  In Texas, OSHA has a regional office in Dallas which may be reached by phone at (972)850-4145.  Again, further information from OSHA regarding whistleblower protections and complaint guidelines may be found in OSHA’s website.

Whether OSHA employment related whistleblower retaliation occurs in Beaumont, Dallas, Houston or elsewhere, retaliation victims may contact OSHA and an attorney to determine if a whistleblower lawsuit is ultimately appropriate under the particular circumstances and facts of the potential OSHA whistleblower claim.

The Equal Employment Opportunity Commission’s (”EEOC”) New Orleans Field Office announced in a Press Release at http://www.eeoc.gov/press/10-2-09.html that agency attorneys filed an employment discrimination lawsuit against a Metairie, Louisiana transportation company, contending that the company violated federal law by creating a sexually hostile work environment for a female employee and then fired her in retaliation for complaining.  Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964.  According to the October 2, 2009 Press Release, EEOC attorneys charge in the harassment and retaliation lawsuit that a bus driver was subjected to repeated unwelcome touching, sexually explicit remarks and jokes, and requests for sexual favors by the company’s owner.  As stated in the Press Release, EEOC attorneys further contend that the owner fired the employee after she refused to engage in sexual activity with the owner.  The company provides a bus service for the New Orleans Metropolitan area, and, in this regard, the EEOC charged as well that the owner subjected other female employees to the same sexually hostile work environment.  An attorney for the EEOC’s New Orleans and Houston Offices stated, in part, that the EEOC will protect these employees from sexual harassment in the workplace.  EEOC attorneys filed the lawsuit in Louisiana after first attempting to reach a voluntary out of court settlement.  Further information about the EEOC and the laws enforced by the federal agency may be found in the EEOC’s website at www.eeoc.gov .

The U. S. Equal Employment Opportunity Commission’s (”EEOC”) San Antonio Field Office announced in a Press Release at http://www.eeoc.gov/press/9-29-09m.html that agency attorneys filed a federal national origin discrimination and retaliation lawsuit in San Antonio against a Delaware corporation, alleging that the company violated federal law by firing an Hispanic employee from his position as an executive director of the company’s Kerville, Texas facility because of his national origin and because he reported discriminatory conduct.  According to the September 29, 2009 Press Release, EEOC attorneys charge in the case that the Latino employee was fired shortly after he complained about discriminatory treatment.  Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination based on race, color, religion, sex or national origin, and prohibits employers from retaliating against those who complain about such misconduct.  EEOC attorneys filed the discrimination lawsuit in San Antonio after first attempting to reach a voluntary out of court settlement.  A San Antonio EEOC trial attorney was quoted in the Press Release, saying that “This lawsuit serves to remind employers that the EEOC is vigilant in enforcing the law and ensuring that individuals who engage in legally protected opposition are not fired in retaliation.” 

Whether employment discrimination occurs in Kerrville, San Antonio or elsewhere in Texas, victims of employment discrimination may contact the EEOC and an attorney to determine if an employment discrimination lawsuit is ultimately appropriate under the particular facts and circumstances of the potential claim.