— Title VII Category Archives — Dallas Employment Lawyer Blog Published by Dallas, Texas Employment Lawyers

Third Party Retaliation

June 6, 2022 | Deontae Wherry

Dallas Employment Lawyer Deontae Wherry

Suppose both husband and wife, Mr. and Mrs. Johnson, have worked for Democan in the marketing department for 15 years. The couple loves their job because they can help their pastor with his re-election campaign. For most of their career, the couple has reported to the marketing director, Joe Abbott. Mr. Abbott retired seven months ago. Democan then hired Donald Paxton as the new Marketing Director.

Since his first day, Mr. Paxton has had a crush on Mrs. Johnson. Mr. Paxton waits until Mrs. Johnson is alone then he approaches her in the backroom and begins to caress her body. Mrs. Johnson tells Mr. Paxton to stop as his actions were unwelcomed and made her uncomfortable. Mr. Paxton continued with his actions, and Mrs. Johnson continued to ask him to stop. Mrs. Johnson had enough, so she engaged in protected activity by filing multiple sexual harassment complaints with human resources. Human resources did nothing. By this point, Mrs. Johnson feared going to work, so she decided that her only option was to file a charge of discrimination (“charge”) with United States Equal Employment Opportunity Commission (EEOC). After she filed with the EEOC, she notified human resources and Mr. Paxton that she formally filed a charge with EEOC.

Ramadan 2022 is Here: Do I Qualify for a Religious Accommodation?

March 31, 2022 | Rasha Zeyadeh

Texas Employment Lawyer Rasha Zeyadeh

The Muslim holy month of Ramadan is observed by 1.6 billion people around the world. Practicing Muslims will be fasting from dawn until dusk (approximately 6 a.m. to 8 p.m.) beginning on April 2, 2022 and ending on May 2, 2022. Fasting means no food or liquid of any kind. Yes, that includes water! Ramadan is meant to be a time of spiritual discipline – of deep contemplation of one’s relationship with God, extra prayer, increased charity and generosity, and intense study of the Quran. It is a joyous month meant to be shared and celebrated with loved ones.

Fasting during Ramadan is one of the five pillars – or duties – of Islam, along with the testimony of faith, prayer, charitable giving, and making a pilgrimage to Mecca. The practice of fasting is intended to be a reminder of human frailty and dependence on God for sustenance. It reduces the distractions of life to allow time to focus on our relationship with God. Importantly, it provides an example of the hunger and thirst the poor experience, which is intended to encourage empathy for and charity to the less fortunate.

Lights, Camera Action: Get Your Popcorn Ready – The Supreme Court is Back in Session and COVID-19 is on the Agenda!

January 6, 2022 | Rasha Zeyadeh

Texas Employment Lawyer Rasha Zeyadeh

Employment issues will again take center stage at the U.S. Supreme court on January 7, 2022, and appeals related to vaccine mandates are sure to be the main attraction. Alas, vaccine mandates will be squarely before the Court and audiences nationwide will soon receive some clarity from the nation’s highest Court regarding vaccine mandates in the workplace.

Enforcement of the Biden Administration’s vaccine mandates applicable to government contractors, CMS and large employers had been stayed or partially stayed by various federal courts. The OSHA Emergency Temporary Standard (ETS) applicable to most employers having 100 or more employees was stayed by the Fifth Circuit Court of Appeals prohibiting enforcement of the rule. However, on December 17, 2021, the Sixth Circuit Court of Appeals, which was chosen by lottery to hear the consolidated appeals challenging the ETS, dissolved the stay that the Fifth Circuit put in place. Thus, employers with 100 or more employees that are not specifically exempt from the standard due to disability or religious belief must now take steps to comply with the emergency rule. Judge Stranch delivered a gripping opinion addressing the question that has been vexing employers since the beginning of the pandemic:

Clash of the Titles

March 5, 2021 | Paige Melendez

20201124_104652-203x300 Beginning in January 2020, the state of Texas increased the number of people who are considered “mandatory reporters” under Title IX. The mandatory reporters are tasked with immediately reporting Title IX related incidents like dating violence and stalking when they become aware of it. If a mandatory reporter fails to make this report, they are subject to criminal and employment penalties. When this law went into effect, it was looked at as a great step forward in universities combatting sexual violence on their campuses by tasking more people with reporting duties and having penalties for those who do not. Sexual violence, dating violence, and stalking have always been huge issues on college campuses, and it is only recently that the law has made a stride to try and close out loopholes in university reporting requirements. The flip side is that not reporting or being named in a Title IX complaint can have adverse consequences on a person’s employment. These adverse consequences are where Title IX and Title VII clash, and the fall-out can have damaging effects on both.