Co-authors Marcus Fettinger and Fred Gaona

Discrimination based on sex is illegal. Does that include sexual orientation? It depends on where you live. In Texas, discrimination based on sexual orientation may be inappropriate, but it is not illegal. Elsewhere in the U.S. that is changing, and Texas could soon be impacted as well.

On February 26, 2018, the United States Court of Appeals for the Second Circuit, which has jurisdiction over Vermont, New York and Connecticut, ruled that discrimination based on sexual orientation can be sex discrimination. This differs from the view of the Federal Court of Appeals over Texas, creating a division, or “split” across the country. Citizens of different states can now be treated differently under the same federal law and the U.S. Supreme Court does not like it when that happens. For reasons that are easy to understand, the Supreme Court would like the law applied the same across the whole country. 
Continue Reading

ReligiousDiscriminationWho, What, Why . . .

Who does it apply to: The law applies to all employers with 15 or more employees.

What is the issue: Title VII was passed in the 1960s to protect against discrimination based on race, color, religion, sex or national origin.

What am I required to do: Employers are required

On November 17, a federal jury returned a verdict against AutoZone in favor of a single plaintiff for the insane amount of $185,000,000.00 in punitive damages. The plaintiff alleged gender and pregnancy-related harassment, discrimination, and retaliation. On November 19, a federal judge in the U.S. District Court for the Southern District of California upheld the

Who, What, Why . . .

Who does it apply to: The law applies to all employers with 15 or more employees.

What is the issue: Title VII was passed in the 1960’s to protect against discrimination based on race, color, religion, sex or national origin. Since that time, other laws have been passed adding

Who, What, Why . . .

Who does it apply to: This one is pretty straight forward. It applies to all employers contemplating any type of holiday gathering for its staff.

What are the legal issues: Holiday parties potentially implicate a variety of employment laws: Discrimination, Fair Labor Standards Act (“FLSA”), Workers’ Compensation, and liability

Who, What, Why . . .

Who does it apply to: Any employer interested in protecting their business from the potential consequences of not doing background checks and some employers who are otherwise required to perform checks.

What kind of checks are there: At first, you might just think of the basic criminal background check

Who, What, Why . . .

Who does it apply to: Virtually all employers with employees of the opposite sex are subject to the Equal Pay Act (EPA).

What is the rule: Employers cannot pay one sex higher wages than the other for jobs that require equal work based on skill, effort, and responsibility that