Articles Posted in Gender Discrimination

At the end of 2017, an international movement fighting against assault and sexual harassment began to take hold on social media. The hashtag #MeToo was utilized to illustrate the pervasive presence of harassment and sexual assault – specifically in the workplace. The catalyst for the movement came shortly after allegations were made against Harvey Weinstein, a well-known film producer. While the problem of sexual harassment and assault was only recently thrust into the public light, lawmakers have been taking steps to combat the reprehensible behavior for decades.

Legal News GavelIn 1980, the Equal Employment Opportunity Commission (EEOC) began to study the prevalence of sexual harassment in the workplace. Despite significant pressure from women’s advocates and widespread training for employers and employees, workplace sexual harassment is still a pressing issue. According to the EEOC, the Commission receives over 11,000 complaints each year. However, given the realistic threat of retaliation that people face when confronting or accusing perpetrators of abuse and harassment, the number of cases is underestimated.

According to the EEOC, it is illegal to harass any employee or applicant because of their sex. Common forms of Texas sexual harassment include behaviors such as unwanted sexual advances, invitations and requests for sexual favors, and other similar verbal or physical behaviors that are based on a person’s sex. Unfortunately, issues arise when the behavior is considered “teasing” or an off-hand comment, or if it occurs on an isolated occasion.

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Recently, a federal judge in Texas issued a ruling prohibiting Texas employers from discriminating against employees based on their sexual orientation or gender identity. Although the plaintiff in that case was ultimately unsuccessful in establishing a case of Texas sexual orientation discrimination, the decision paved the way for gender-identity discrimination lawsuits.

Legal News GavelUnder Title VII of the Civil Rights Act of 1964, certain qualifying employers are not allowed to discriminate or harass an employee based on that person’s sex. Discrimination covers all aspects of employment, including things such as termination, hiring, promotions, and benefits.

More and more advocates are beginning to speak out about gender identity and the related discrimination many of these individuals face in their professional and personal lives. Historically, Title VII has not protected these individuals from discrimination by their employers; however, recent cases have begun to change the tide in how these cases are handled.

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Legal News GavelSome fathers can take paternity leave. If you are a soon-to-be father expecting a baby in Texas, you may be concerned about the future and whether or not your employer is required to give you paternity leave. Those who work for small employers in Texas may not be able to get paternity leave.

However, the federal Family and Medical Leave Act (FMLA) allows eligible employees of covered employers to take a non-compensated leave for particular family and medical reasons, such as the birth of a child or to care for a newborn during his first year. It also allows this paternity leave if a child for foster care or adoption is being placed with the employee within one year of placement. This leave is job-protected. The employer is required to continue providing group health insurance under the same terms and conditions as if the employee hadn’t taken leave.

Your employer needs to give you 12 weeks of unpaid paternity leave after your partner has a baby or you adopt a child if:  (1) it has 50 or more employees in 20 or more workweeks in the current or prior calendar year, and (2) you’re eligible because you’ve worked for the company for at least 12 months, have a minimum of 1,250 hours of service during the 12-month period just before the paternity leave, and work at a site where the company has at least 50 employees within 75 miles.

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