Refusing to hire an individual because of his disablity violates the Americans With Disabilities Act.  EEOC lawyers filed the disability discrimination lawsuit in Dallas after the federal agency first attempted to reach a pre-litigation, voluntary settlement through its conciliation process.  In fiscal year 2010, 25,165 ADA charges were filed with the EEOC and state and local anti-discrimination agencies, an increase of 17% from fiscal year 2009.

Workplace age discrimination violates the Age Discrimination in Employment Act (ADEA).  EEOC lawyers filed the age discrimination lawsuit against the restaurant chain after first attempting to reach a pre-litigation settlement through its conciliation process.  In its Press Release, the EEOC stated that individuals who believe they may have been denied a position at Texas Roadhouse because of their age or who may have information that would be helpful to the EEOC lawsuit against the restaurant can contact the EEOC toll free at 1(855)556-1129.  Additional information about the EEOC and the federal laws it enforces is available at www.eeoc.gov . 

Whether restaurant age discrimination occurs in Texas or elswhere, job applicants and employees subjected to age discrimination by restaurants may contact the EEOC and a lawyer to determine if an age discrimination lawsuit is ultimately appropriate under the particular circumstances and facts of the potential restaurant employment discrimination age.

For its own part, the EEOC is a federal agency responsible for enforcing federal laws prohibiting employment discrimination.  For example, the EEOC may investigate and litigate charges of employment discrimination, including allegations of workplace racial harassment or retaliation for complaining about race harassment.  In a Press Release at http://www.eeoc.gov/eeoc/newsroom/release/10-4-11a.cfm , EEOC attorneys announced filing of a federal lawsuit in which the agency charges that a company violated federal law by subjecting employees to racial slurs and retaliating against them for complaining about racial harassment.  Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits race discrimination in employment and protects employees from retaliation when they report discriminatory treatment.  Further information about the EEOC is available at www.eeoc.gov .

Whether employees are subjected to workplace racial harassment and slurs in Beaumont, Cuero, San Antonio or elsewhere, employees who believe they have experienced unlawful racial discrimination and termination may contact the EEOC and an attorney to determine whether a racial harassment and retaliation lawsuit is ultimately appropriate under the particular facts and circumstances of the potential employment discrimination claim.

For its own part, the United States Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing federal laws prohibiting employment discrimination, including pregnancy discrimination, since such alleged misconduct violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act.  As one regional attorney with the EEOC has stated, “Despite enactment of the Pregnancy Discrimination Act in 1978, discrimination by employers against pregnant employees continues to be a problem.”

In a Press Release at http://www.eeoc.gov/eeoc/newsroom/release/9-29-11e.cfm , EEOC attorneys announced filing of a federal lawsuit against a childcare company, alleging that the childcare company violated federal law by discriminating against an employee because she was pregnant and for retaliating against her, as well as her sister and cousin.  In another pregnancy discrimination lawsuit filed by EEOC attorneys, the EEOC charges that a hair salon violated federal anti-discrimination law when it withdrew an offer for a promotion and fired an assistant colorist when it found out she was pregnant.  As discussed in an EEOC Press Release at http://www.eeoc.gov/eeoc/newsroom/release/9-29-11t.cfm , the employee informed the hair salon owner that she was pregnant, and was told that the information was a lot to digest so it would have to be discussed with the other owners.  The EEOC said that after several failed attempts to find out her start date for the new position, the employee was informed that she was fired. In another EEOC pregnancy case discussed at http://www.eeoc.gov/eeoc/newsroom/release/9-30-11l.cfm , EEOC attorneys announced filing of a federal lawsuit against a wholesale supply company, alleging that the company violated federal law by firing an expectant mother.  More specifically, EEOC attorneys charged in that case that the company fired the employee on her second day of work due to her pregnancy, claiming the owners were upset with the fact that she was pregnant and that she had deceived the company by not disclosing her pregnancy during her interview.  An EEOC attorney familar with the case stated, in part, as follows: “It is a severe injustice to terminate an employee based solely on the fact that she is pregnant.”

More information about the EEOC and the laws it enforces is available at www.eeoc.gov . 

Whether employment-related pregnancy discrimination occurs in Beaumont, Conroe, Houston or elsewhere, job applicants and employees subjected to discrimination because they are pregnant may contact the EEOC and an attorney to determine if a pregnancy discrimination lawsuit is ultimately appropriate under the particular circumstances and facts of the potential employment discrimination claim.

Whether employees are subjected to racist slurs, racial comments and unlawful verbal harassment based on race in Beaumont, Cuero, Conroe or elsewhere, workers may contact the EEOC and a lawyer to determine if a workplace racial harassment lawsuit is ultimately appropriate under the particular facts and circumstances of the potential discrimination case.

Race discrimination, including racial harassment, violates Title VII of the Civil Rights Act of 1964, and, in Texas, Chapter 21 of the Texas Labor Code similarly prohibits this type of unlawful workplace misconduct.  Ethnic slurs, racial jokes, offensive or derogatory comments, including, for example, opprobriums such as mayate and nigger, or other verbal or physical conduct based on an individual’s race and color constitutes unlawful harassment when the conduct creates an intimidating, hostile, or offensive working environment, or interferes with the individual’s work performance. 

As stated by an EEOC lawyer, “No worker whould have to endure such crude and cruel insults as these [and] [t]he EEOC is deeply committed to combating such misconduct and filing suit against employers if they ignore complaints about it.” 

Whether racial harassment in the workplace occurs in Conroe, Cuero, Houston or elsewhere, employees subjected to cruel racial comments, remarks or misconduct may contact the EEOC and a lawyer to determine if a racial harassment lawsuit is ultimately appropriate under the particular facts and circumstances of the potential race harassment claim.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, including sexual harassment and pregnancy, or national origin, and prohibits employers from retaliating against those who complain about discriminatory misconduct.  In this regard, the EEOC is a federal agency responsible for enforcing federal laws which prohibit employment discrimination and retaliation.  In Texas, Chapter 21 of the Texas Labor Code also protects individuals against employment discrimination on the basis of race and color, as well as national origin, sex, or religion.  As with Title VII, Chapter 21 of the Texas Labor Code protects workers against retaliation.  With respect to retaliation, an employer may not fire, demote, harass or otherwise take adverse employment actions against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing employment discrimination.  More information about the laws enforced by the EEOC is available at www.eeoc.gov .  In addition, information about the Texas Workforce Commission and Chapter 21 of the Texas Labor Code is available at www.twc.state.tx.us/crd/facts.html .   

In another Houston race discrimination and retaliation lawsuit filed by EEOC attorneys, the federal agency alleges that Bass Pro Outdoor World, LLC, a nationwide retailer of sporting goods, apparel and other products, engaged in a pattern or practice of failing to hire African-American and Hispanic applicants for positions in its retail stores nationwide, and retaliated against employees who opposed discriminatory practices.  See, http://www.eeoc.gov/eeoc/newsroom/release/9-21-11.cfm .  According to the EEOC Press Release for this lawsuit, EEOC lawyers assert in the case that qualified African-Americans and Hispanics were routinely denied retail positions such as cashier, sales associate, team leader, supervisor, manager and other positions at many stores nationwide.  In addition, the EEOC said the lawsuit alleges that store managers in the Houston area, in Louisiana, and elsewhere made overtly racially derogatory remarks acknowledging the discriminatory practices, including allegedly that hiring black candidates did not fit the coporate profile.  Moreover, the company punished employees who opposed the company’s unlawful practices, in some instances firing them or forcing them to resign, according to the Press Release. 

Whether unlawful employment-related race discrimination and retaliation occurs in Houston or elsewhere, employees subjected to workplace racial discrimination and retaliation for opposing discriminatory practices may contact the EEOC, the Texas Workforce Commission and a lawyer to determine if a race discrimination and retaliation lawsuit is ultimately appropriate under the particular circumstances and facts of the potential claim.

The alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, and the EEOC filed suit after first attempting to reach a voluntary settlement.  An EEOC Director quoted in the Press Release stated, in part, as follows:  “It is appalling that racial harassment and the use of racial slurs are still found in today’s workplace … Employees should not have to endure a racially hostile work environment in order to earn a living.” 

For more information about the EEOC and the laws it enforces, see www.eeoc.gov .

As described by the Labor Department, investigators found that kitchen employees were improperly classified as exempt from the Fair Labor Standards Act (FLSA) overtime pay provisions and consequently paid salaries that did not include compensation for hours worked over 40 in a week.  In addition, the Department said that every week, tipped employees would receive their tips plus a paycheck that together equaled the minimum wage; however, management required the employees to sign and return paychecks, and would then cash the checks and put the money back into the restaurant.  Through this process, while it appeared that the owners were paying wages, the employees actually were allowed to keep only their tips.  Finally, the Department maintained that the employers did not maintain accurate records of the hours worked by the employees. 

The FLSA requires that covered employees be paid at least the federal minimum wage for all hours worked, as well as one and one-half times their regular rates of pay for hours worked over 40 per week.  If certain conditions are met, the FLSA permits the employer to take a tip credit toward its minimum wage obligation for tipped employees.  The employer must pay tipped employees a cash wage of $2.13 per hour or the state mandated cash wage, whichever is higher; all tips must be retained by the employee except for contributions to a valid tip pooling arrangement; employees must be informed of the tip credit provision; and the amount of the tips plus cash wages must equal the federal minimum wage, currently $7.25 per hour.  Additionally, the law requires that accurate records of employees’ wages, hours and other conditions of employment be maintained.  More information in this regard is made available by the Labor Department at http://www.dol.gov/whd .  

Whether restaurant wage discrimination occurs in Houston, Conroe, Dallas or elsewhere, employees subjected to unlawful wage payments and improper tip pooling may contact the United States Department of Labor and an attorney to determine if a wage and hour lawsuit is appropriate under the particular facts and circumstances of the potential restaurant wage discrimination claim.