— Employee Rights Category Archives — Dallas Employment Lawyer Blog Published by Dallas, Texas Employment Lawyers

Independence Day: The Unfinished Fight for Equality

July 6, 2026 | Deontae Wherry

Dallas Senior Trial Attorney Deontae Wherry

Every Fourth of July, we celebrate the words that launched a nation: “We hold these truths to be self-evident, that all men are created equal.” Fireworks light the sky, families gather, and we honor the idea that no person is born above another. But behind the barbecues and parades lies a promise that Americans are still working to keep. The declaration that all people are created equal was not a description of the world as it was in 1776. It was a goal, a challenge handed down to every generation that followed. Nowhere is that challenge more alive than in the American workplace.

This year marks a milestone: 250 years since the Declaration of Independence. As we celebrate this 250th anniversary, we are reminded that the fight the Founders began is not finished. The words on that parchment set a standard we are still reaching for, and every generation, including ours, is called to carry it forward.

Juneteenth and Your Rights at Work in Texas

June 15, 2026 | Deontae Wherry

Dallas Senior Trial Attorney Deontae Wherry

Juneteenth started right here in Texas. On June 19, 1865, Union General Gordon Granger arrived in Galveston with General Order No. 3 and finally announced freedom for the enslaved people of Texas, more than two and a half years after the Emancipation Proclamation. Texas was the first state to recognize Juneteenth as an official holiday in 1980, and Congress made it a federal holiday in 2021.

Is Juneteenth a Paid Holiday for You?

Title: Punitive Damages in Texas Employment Cases: Why the Statute You Sue Under Matters

June 8, 2026 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

When an employer crosses the line from negligent to malicious, punitive damages are one of the most powerful tools an employee has. But the statute you sue under can mean the difference between a $50,000 ceiling and an unlimited verdict. Here’s a quick guide to how punitive damages work in Texas employment cases under federal and state law.

Federal Law: Title VII vs. § 1981

Discrimination Rebranded: What the Supreme Court’s Voting Rights Decision Means for Texas Employees

June 8, 2026 | Deontae Wherry

Dallas Senior Trial Attorney Deontae Wherry

The Supreme Court has once again reshaped the landscape of Civil Rights in America, and the implications could reach far beyond the ballot box. In a decision that effectively guts a key pillar of the Voting Rights Act, the Court has signaled that states are now free to dilute the voting power of racial minorities through gerrymandering so long as they call it “partisanship” instead of “racial bias.”

It is one more example of a Court’s intent on stepping back from its role in protecting minority groups from majority overreach. The maps will still be drawn to silence minorities. The harm will still fall on the same communities. The only difference is the label on the package.

Understanding USERRA: Employment Rights for Service Members and Veterans

May 18, 2026 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

Members of the military and uniformed services make extraordinary sacrifices in service to our country. Federal law recognizes that those sacrifices should not come at the cost of a civilian career. The Uniformed Services Employment and Reemployment Rights Act (USERRA) is designed to protect service members and veterans from discrimination, retaliation, and unlawful job loss related to their military service.

At Rob Wiley, P.C., we regularly represent employees whose rights have been violated after they served—or continued to serve—in the military. Understanding the basics of USERRA is the first step in protecting those rights.

Fasten Your Seatbelts: What TSA Airport Lines Can Teach Us About Workers’ Rights

April 21, 2026 | Cassidy Monska

Dallas Employment Trial Lawyer Cassidy Monska

If you traveled recently, you probably noticed it. Airport security lines wrapping around terminals. Missed flights. Frustrated travelers staring at their phones and wondering how getting through TSA suddenly felt like a test of endurance.

While the long lines grabbed headlines, the real story was not about travel. It was about workers.

The Cat’s Paw Theory: How Employer Bias Can Still Lead to Liability

April 6, 2026 | Cassidy Monska

Dallas Employment Trial Lawyer Cassidy Monska

Summary: This blog explains the “cat’s paw” theory of liability in employment law, which allows an employee to hold an employer accountable when a biased supervisor influences an otherwise neutral decision‑maker to take adverse action.

One of the most frustrating things employees hear after being fired or disciplined is that the person who made the final decision “wasn’t biased.” Employers often rely on that fact to argue they cannot be held responsible for discrimination or retaliation. Employment law, however, recognizes that bias does not always sit at the top of the organizational chart. This is where the “cat’s paw” theory of liability comes into play.

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act means employers can’t break up cases, Sixth Circuit concludes

March 30, 2026 | Robert J. Wiley

Summary: This article discusses a recent Sixth Circuit decision, Bruce v. Adams & Reese, which held that the EFAA prohibits employers from splitting up a case that has claims other than sexual harassment/assault. That is, if the case has claims exempted from arbitration under the EFAA, the whole case can go to court as one.

As previously discussed elsewhere in this blog, in 2022 the Biden administration signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”) into law. This law made it clear that employers were no longer allowed to force employees to “hide” any sexual harassment and assault claims in private, confidential arbitration (where typically the decisionmaker is paid by the employer) instead of being allowed to go to court. This law was very important for workers because – beyond the fact employers could no longer conceal whether they had been sued for sexual harassment – in general arbitrations favor employers over employees. The law thus let workers keep their cases in more favorable venues, the courts.

One thing that old article noted that was less than clear was the question of what happened if an employee brought sexual harassment claims in addition to other legal claims – could those other claims be forcibly separated out and put into arbitration anyway? Some lower courts across the country have looked at the issue, but those are not binding precedents. On February 25, 2026, however, a Sixth Circuit Court of Appeals decision reached a definite answer – and that answer is no. In a case involving claims protected by the EFAA, everything can stay together in court.

What is the plaintiff’s duty to mitigate their damages and why is it necessary?

March 23, 2026 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

In civil litigation, liability is only half the story. Even when a defendant is clearly at fault, the amount of damages recoverable by a plaintiff is often shaped by a less-discussed but critically important principle: the duty to mitigate damages.

Understanding this doctrine is essential for litigators, clients, and courts alike, because it limits recovery without excusing wrongdoing—and frequently becomes a battleground at trial.

Did the EEOC Really Roll Back Workplace Protections? What Texas Employees Need to Know

March 9, 2026 | Robert J. Wiley

You may have seen headlines saying the Equal Employment Opportunity Commission (EEOC) has “rescinded” its workplace harassment guidance, especially guidance relating to LGBTQ+ employees. If that raised alarm bells for you, you’re not alone. Many Texas employees are wondering: Does this mean harassment is suddenly okay? Did my protections disappear?

The short answer is no. But the longer answer matters and understanding what actually changed (and what didn’t) can help you protect yourself at work.

What happened?