— Hostile Work Enviroment Category Archives — Dallas Employment Lawyer Blog Published by Dallas, Texas Employment Lawyers

The Muldrow decision might spell the end of the “severe or pervasive” standard for hostile work environments claims.

June 4, 2024 | Austin Campbell

Dallas Employment Trial Lawyer Austin Campbell

Summary: This article discusses a possible future application of the reasoning in Muldrow v. St. Louis, by comparing that case to past decisions that set up the “severe or pervasive” standard.

I previously wrote about the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis, in which the Court made it clear that discrimination is unlawful as long as it causes “some” harm. A plaintiff does not have to meet some arbitrary bar of “significant” harm just to bring their case. Any disadvantageous change in the “terms, conditions, or privileges of employment,” if done for an unlawfully discriminatory reason, violates Title VII. This article explores one area, hostile work environment claims, where Muldrow’s reasoning could also apply.

Understanding Gaslighting in the Workplace: Recognizing Manipulation and Protecting Yourself

May 9, 2024 | Robert J. Wiley

Dallas Employment Trial Lawyer Rob Wiley

Gaslighting is a term that has gained prominence in discussions about psychological manipulation and emotional abuse, particularly in interpersonal relationships and professional settings. Coined from the play and subsequent films titled “Gas Light,” where a husband deceives his wife into questioning her reality, gaslighting describes a methodical strategy to undermine someone’s perceptions, memories, and sense of self.

In the workplace, gaslighting can be especially insidious, often leading to confusion, self-doubt, and emotional distress for the victimized employee. This is a particular problem for Texas employees.

Hair Discrimination Soon to Be Illegal in Texas

June 2, 2023 | Deontae Wherry

I’ve always found it puzzling why other people take offense at someone else’s hair. When I was a child, I was captivated by the diverse hairstyles chosen by my relatives. Some rocked dreadlocks, afros, cornrows, and braids. At one point, I even tried growing out my own hair in the hopes of getting braids. I saw it as a way to express my pride in my black heritage. Unfortunately, my hair never reached the desired length.

As a result, I settled for low-cut fades, and that became my signature look. People grew accustomed to seeing me with a low-cut fade. However, there were times when I could not get a haircut and had to sport a small afro. Surprisingly, some individuals joked about my hair being unprofessional. I had never considered the possibility of my hair being deemed unprofessional because I consistently applied oil, combed or brushed it with care.

As I matured, I embraced my culture even more. Witnessing successful black individuals unabashedly embrace their heritage inspired me to be my authentic self. Sadly, some individuals, especially black women, feel constrained and unable to fully express themselves due to concerns about judgment based on their appearance, hairstyle, or even their employability.

Statute of Limitations Laws: The Clock is Always Ticking.

April 28, 2022 | Rob Wiley, P.C.

Time does not stop for anyone. There are time limits for filing claims against your employer. In fact, state and federal claims have different deadlines for different types of claims. When pursuing a claim against your employer, it is important to note the statute of limitations for the claim you intend to pursue. The biggest mistake I see employees make is waiting too long to pursue a claim. If the statute of limitations for your claim has expired, you will not be able to pursue your claim – even if you have a strong claim. There’s no way around it. Below are some of the most common employment-related claims and each claim’s respective statute of limitations.

Discrimination, Harassment, Sexual Harassment, Hostile Work Environment, and Retaliation.

Claims of discrimination, harassment, sexual harassment, hostile work environment, or retaliation under Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act of 1990, must first be filed with the United State Equal Employment Opportunity Commission (“EEOC”). A complaint with the EEOC must be filed within 300 days of the adverse employment action. An adverse action can range from a write-up to termination. If you do not file a charge of discrimination or retaliation with the EEOC within 300 days of the adverse action, you lose the right to pursue your claims in court.

Hostile work environment and workplace harassment—how far can my boss go?

January 8, 2021 | Rob Wiley, P.C.

“Hostile work environment” and “harassment” are probably two of the most common terms I hear in my everyday practice. Both terms are generally interchangeable under the law and mean the same thing. Workplace harassment takes different forms such as being subjected to yelling, bullying, intimidation, ridicule, belittlement, false accusations, and profanity. Because Texas is an at-will employment state, however, not every harassment is illegal. In fact, most forms of harassment are legal.

There are a few requirements for the harassment to be illegal. First, it must be discriminatory—meaning that it must be based on a protected characteristic, like race, color, religion, sex (including pregnancy), sexual orientation, national origin, age, disability, or genetic information. If the motive behind the harassment is something else that is not protected, like personal hatred or big egos, then the harassment, no matter how awful, is not illegal (with a very narrow exception discussed below).