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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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Sexual Harassment Retaliation Lawsuit
By Cletus Ernster
Lawyers with the United States Equal Employment Opportunity Commission (EEOC), a federal agency which enforces federal laws prohibiting employment discrimination, have announced in a March 26, 2010 press release at http://www.eeoc.gov/eeoc/newsroom/release/3-26-10a.cfm that a retaliation lawsuit has been filed against a trucking company charged with violating federal law by allegedly firing an employee for complaining about sexual harassment. According to the EEOC press release, agency lawyers contend in the case that a truck driver complained to management officials that she had been subjected to unwelcome sexual advances and remarks over the CB radio by her co-workers. As further stated in the press release, the EEOC contends that she was fired shortly after her complaint in retaliation for complaining about the sexual harassment.
Retaliating against an individual for reporting sexual harassment violates Title VII of the Civil Rights Act of 1964. EEOC lawyers filed the retaliation lawsuit after first attempting to reach a pre-litigation, voluntary settlement. In this regard, an EEOC Director was quoted in the press release as saying “The EEOC will act to prevent this type of misconduct, and we urge employers to take swift and decisive action in response to reports of sexual harassment and hostile work environments.” Further information about the EEOC and the federal laws it enforces is available at www.eeoc.gov .
Whether employment-related retaliation for complaining about or opposing workplace sexual harassment occurs in Beaumont, Conroe, Houston or elsewhere, victims may contact the EEOC and a lawyer to determine if a retaliation lawsuit is ultimately appropriate under the particular facts and circumstances of the potential retaliation claim.
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Sexual Harassment Retaliation Lawsuit
Posted in:
Retaliation
EEOC Trial Attorneys Settle Harassment Lawsuit
By Cletus Ernster
The United States Equal Employment Opportunity Commission (EEOC), a federal agency which enforces federal laws prohibiting employment discrimination, announced in a March 30, 2010 press release at http://www.eeoc.gov/eeoc/newsroom/release/3-30-10a.cfm that a baking company will pay $350,000 to settle a national origin harassment and retaliation lawsuit filed by EEOC attorneys in Illinois. According to the agency press release, EEOC attorneys charged that the company tolerated harassment of employees of Mexican national origin by a manager at its Aurora, Illinois facility, and, when a number of those employees complained about the harassment, the manager retaliated against them by subjecting them to further verbal harassment, long hours, and harsher working conditions. The EEOC sought relief for a class of seven employees, four of whom intervened in the lawsuit as plaintiffs. In this regard, the EEOC lawsuit was brought under Title VII of the Civil Rights Act of 1964, which prohibits national origin discrimination and retaliation in employment. An EEOC attorney quoted in the press release said, in part, that “The derogatory language and other harassment directed at the employees in this case are entirely inappropriate in the workplace.”
Further information about the EEOC and the federal laws it enforces regarding employment discrimination may be found at www.eeoc.gov .
Whether workplace harassment directed at workers of Mexican national origin occurs in Beaumont, Conroe, Houston or elsewhere, victims may contact the EEOC and an attorney to determine if an employment discrimination lawsuit is ultimately appropriate under the particular circumstances and facts of the potential harassment case.
Link to Article:
EEOC Trial Attorneys Settle Harassment Lawsuit
Posted in:
National Origin Discrimination, Retaliation
Thai-American Workplace Harassment Lawsuit
By Cletus Ernster
A Houston based concrete company will pay $135,000 to settle a national origin, age and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission against its Memphis subsidiary, according to an EEOC press release at http://www.eeoc.gov/eeoc/newsroom/release/3-11-10b.cfm . As stated in the press release, EEOC lawyers charged in the employment discrimination lawsuit that company officials harassed and discriminated against a Thai-American employee because of his East Asian national origin and age. The sales technician was allegedly called “J-p” even though he is of Thai ancestry. In addition, the EEOC contended that the employee was subjected to insensitive ageist comments and then removed from the sales department and demoted to a driver job because of his age and national origin. After complaining about the discrimination, he was further harassed, including being assigned to defective trucks, and repeatedly threatened with firing. Moreover, after the company moved him out of sales, it hired two unqualified white men into that department, without an application process that would have given him the chance to apply for the positions. The EEOC asserted that the Thai-American employee ultimately resigned when the work environment became too hostile to endure.
Such alleged misconduct violates Title VII of the Civil Rights Act of 1964, as well as the Age Discrimination in Employment Act. In this regard, the EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available at www.eeoc.gov .
Whether hostile workplace discrimination occurs in Beaumont, Conroe, Houston or elsewhere, victims may contact the EEOC and a lawyer to determine if an employment discrimination lawsuit is ultimately appropriate under the particular facts and circumstances of the potential harassment claim.
Link to Article:
Thai-American Workplace Harassment Lawsuit
Posted in:
Age Discrimination, National Origin Discrimination, Retaliation
Racial Harassment Case
By Cletus Ernster
The United States Equal Employment Opportunity Commission (EEOC) is a federal agency which enforces federal laws prohibiting employment discrimination, including workplace racial harassment and retaliation for complaining about it. On December 31, 2009, EEOC lawyers announced 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 by the EEOC in the Western District of Tennessee. See, http://www.eeoc.gov.eeoc/newsroom/release/12-31-09a.cfm . According to the EEOC’s lawsuit against Race, LLC doing business as Studsvik, LLC, a lead worker in the Studsvik shop and other African American employees were subjected to racially offensive comments by their white supervisor. In addition, EEOC lawyers charged that the lead worker’s supervisor regularly referred to him and other African American employees with the N-word and other derogatory slurs, such as “boy.” Moreover, white managers allegedly subjected the lead worker and other African American employees to excessive radiation exposure, more than their white co-workers. As stated in the press release, EEOC lawyers further contended that the lead worker was suspended for 15 days and then laid off in retaliation for complaining about the racial harassment. An EEOC lawyer with the agency’s Memphis District Office was quoted in the press release, saying, in part, that “Racial harassment remains a longstanding problem in the workplace for many minorities.” EEOC Acting Chair Stuart Ishimaru added that “Some of the discrimination alleged in this case is unusually extreme because of the physical danger it created for African American employees.”
Additional information about the EEOC and the federal laws it enforces may be found online in the agency’s website at www.eeoc.gov .
Whether employment related racial harassment and retaliation occurs in Memphis or elsewhere, victims of racial harassment may contact the EEOC and a lawyer to determine if an employment discrimination lawsuit is ultimately appropriate under the particular circumstances and facts of the potential racial harassment case.
Link to Article:
Racial Harassment Case
Posted in:
Employment Discrimination, Racial Discrimination, Retaliation
Texas Nurse Whistleblower Case
By Cletus Ernster
Health Leaders Media reports that state and national nurses associations are applauding a jury’s quick verdict to acquit a Texas nurse of felony charges for reporting a physician to a state oversight board for allegedly providing unsafe patient care. In the February 12, 2010 posting at www.healthleadersmedia.com , the online publication states that Anne Mitchell, a registered nurse, was charged with misuse of official information, a third degree felony, for reporting Rolando Arafiles, MD, to the Texas Medical Board. Had she been convicted, Mitchell could have faced up to 10 years in prison, but, after a four day trial, an Andrews, Texas state court jury needed less than one hour to acquit Mitchell. For her own part, Mitchell contended she was just doing her job. The American Nurses Association (ANA) called the case blatant retaliation and Rebecca Patton, the President of the ANA, said “Nurse whistle blowers should never be fired and criminally charged for reporting questionable medical care.” A whistleblower lawsuit claiming damages for her alleged unlawful termination may follow now that the criminal proceeding has concluded.
Link to Article:
Texas Nurse Whistleblower Case
Posted in:
Retaliation, Whistleblower Lawsuit
EEOC Attorneys Settle Employment Discrimination Lawsuit
By Cletus Ernster
United States Equal Employment Opportunity Commission (EEOC) attorneys announced settlement of an employment discrimination lawsuit against Albertsons, LLC, a national grocery store chain, according to a December 2009 EEOC press release at http://www.eeoc.gov/eeoc/newsroom/release/12-15-09,cfm . As stated in the press release, Albertsons, LLC will pay $8.9 million and furnish other relief to settle three employment discrimination lawsuits in which EEOC attorneys charged the company with race, color, and national origin discrimination and retaliation at its Aurora, Colorado distribution center. The monetary relief will be distributed among 168 former and current employees.
The first lawsuit was filed in 2006 and alleged a pattern or practice of workplace harassment and discrimination based on race, color and national origin. According to that lawsuit, minority employees were repeatedly subjected to derogatory comments and graffiti, including racial and ethnic slurs, depictions of lynchings, swastikas, and white supremacist and anti-immigrant statements. Some of the graffiti allegedly remained for years until the restroom was remodeled in 2005. In the second lawsuit, EEOC attorneys alleged a pattern or practice of retaliation. A third lawsuit filed in 2008 claimed race discrimination on behalf of a single African American employee at the distribution center who was fired.
An EEOC attorney quoted in the press release said that the graffiti was particularly shocking. In addition, the attorney commented as follows: “These cases presented the EEOC with some of the most egregious examples of race, color, and national origin discrimination the agency has seen in years.” In this regard, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including discrimination based upon race, color and national origin. Further information about the EEOC may be found at www.eeoc.gov .
Whether race, color and national origin employment discrimination and retaliation occurs in Conroe, Houston, Texas City or elsewhere, victims of workplace harassment may contact the EEOC and an attorney to determine if a workplace harassment lawsuit is ultimately appropriate under the particular circumstances and facts of the potential employment discrimination claim.
Link to Article:
EEOC Attorneys Settle Employment Discrimination Lawsuit
Posted in:
Employment Discrimination, National Origin Discrimination, Racial Discrimination, Retaliation
Lawyer Says Beaumont Race Discrimination Lawsuit Settled
By Cletus Ernster
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.
Link to Article:
Lawyer Says Beaumont Race Discrimination Lawsuit Settled
Posted in:
Racial Discrimination, Retaliation
Lawyers Settle Race Discrimination Lawsuit
By Cletus Ernster
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.
Link to Article:
Lawyers Settle Race Discrimination Lawsuit
Posted in:
Racial Discrimination, Retaliation
Racial Harassment And Retaliation Lawsuit Settlement
By Cletus Ernster
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 .
Link to Article:
Racial Harassment And Retaliation Lawsuit Settlement
Posted in:
Racial Discrimination, Retaliation
Bankruptcy Trustee Settles Retaliation Lawsuit
By Cletus Ernster
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 .
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Bankruptcy Trustee Settles Retaliation Lawsuit
Posted in:
Employment Discrimination, Retaliation
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