Dallas Employment Lawyer Blog

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

June 4, 2024 | Robert J. Wiley

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.

The Muldrow decision was specifically about transfers, and logically it is clear that it covers other types of adverse actions that affect terms or conditions of employment. What is somewhat murkier is whether its reasoning extends to situations without a single clearly defined adverse action, such as a hostile work environment. In Texas, a federal court in Dallas just looked at this issue in Zuniga v. City of Dallas, No. 3:23-CV-2308-D (N.D. Tex. May 28, 2024). Unfortunately, in that case the court decided that because the standard for a hostile work environment had been “high” in prior cases, and Muldrow did not specifically address the issue, it did not apply. In my view, the reasoning in Zuniga is exactly the sort of reasoning that Muldrow already rejected.

Furry Colleagues: The Legal Implications of Bringing Pets into the Workplace

May 17, 2024 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

In recent years, the concept of bringing pets into the workplace has gained significant traction. For many, having their furry companions by their side during the workday brings a sense of comfort and alleviates stress. However, while the idea may seem simple and appealing, there are various legal considerations that both employers and employees need to take into account before implementing a pet-friendly policy in the workplace.

Health and Safety Regulations

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.

21 and 7: Magic Numbers for Employees Over the Age of 40

May 9, 2024 | Robert J. Wiley

After signing a severance agreement, employees are understandably eager to be paid the funds they are owed. That’s why many employees are often frustrated to hear that they will not be paid immediately signing a severance. For workers over 40, there’s a very specific legal reason for this.

The Older Workers Benefit Protection Act (OWBPA) and the Age Discrimination in Employment Act (ADEA) are two significant pieces of legislation in the United States aimed at protecting older workers from discrimination in the workplace. When it comes to severance agreements, both laws have specific requirements that employers must adhere to that mean a delay in payments:

OWBPA Requirements:

The Advantage of Hiring a Board-Certified Attorney: Expertise, Trust, and Success

May 2, 2024 | Deontae Wherry

Dallas Employment Trial Lawyer Deontae Wherry

In the dynamic world of business, having the right legal team can mean the difference between success and setbacks. When it comes to protecting your interests and navigating complex legal challenges, nothing beats the expertise and specialization of board-certified employment attorneys. Here’s why investing in a board-certified employment attorney is advantageous for you:

Expertise and Specialization

New Muldrow decision makes it clear that proving illegal discrimination does not require showing financial harm.

April 19, 2024 | Robert J. Wiley

Summary: This article discusses the holding and implications of the Supreme Court decision in Muldrow v. City of St. Louis.

In the U.S. Supreme Court’s April 17, 2024, decision in Muldrow v. City of St. Louis, the Court reversed a lower court decision dismissing a police officer’s lawsuit over being transferred to a worse position because of sex. This reinstated her case. In concert with the Fifth Circuit’s decision in Hamilton v. Dallas County, 79 F.4th 494 (5th Cir. 2023), Muldrow hopefully represents a coming trend of courts finally rolling back decades of judge-made roadblocks to employees’ abilities to enforce their civil rights. Courts applying the law as written should give employees greater protections by removing opportunities for judges’ preconceptions or assumptions (often about people in very different circumstances from themselves) to get mixed into their rulings.

In Muldrow, the lower appellate court (the Eighth Circuit) decided that because Ms. Muldrow’s transfer did not change her rank or pay, she could not prove discrimination even if she really was transferred because of her sex. Although there was evidence the new position Ms. Muldrow was moved to was less prestigious within the department, had fewer responsibilities and perks, came with a worse schedule, and required her to give up her work vehicle, the Eighth Circuit reached that decision because it did not think those changes were “significant” enough to constitute discrimination.

Understanding Retaliation Provisions Under the Texas Health and Safety Code

March 25, 2024 | Riley Carter

Dallas Employment Trial Lawyer Riley Carter

In Texas, the laws governing workplace safety are robustly outlined within the Texas Health and Safety Code. Among its provisions lies protection against retaliation, ensuring that employees who report safety violations or participate in safety-related activities are shielded from adverse actions by their employers. Understanding these retaliation provisions is crucial for both employers and employees to uphold a safe and fair working environment.

The Texas Health and Safety Code, specifically Sections 260A.014, 161.134, and 142.003 prohibit employers from retaliating against employees who exercise their rights under the code. These rights include reporting safety violations, filing complaints, or participating in investigations regarding workplace health and safety.

Federally Protected Leave vs. Sick Leave: What’s the Difference?

March 25, 2024 | Robert J. Wiley

As an employee, understanding the nuances between the Family and Medical Leave Act (FMLA) and company sick leave policies is crucial. Both provide avenues for taking time off work due to illness or family-related reasons, but they come with distinct differences that can significantly impact your rights and protections. I

Understanding FMLA Leave:

The Family and Medical Leave Act (FMLA) is a federal law that grants eligible employees up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. These reasons include the birth or adoption of a child, caring for a spouse, child, or parent with a serious health condition, or attending to one’s own serious health condition that renders the employee unable to perform their job duties.

The maximum recovery rule: how judges’ “perceptions” can re-write verdicts

February 5, 2024 | Robert J. Wiley

Summary: This article explores one aspect of the recent case Harris v. FedEx as a cautionary tale to employees that proving their case before a jury may be far from the end of their fight.

In late 2022, a federal jury in Houston made national headlines when it awarded former FedEx employee Jennifer Harris $366 million dollars in damages in her race discrimination suit against the shipping company. What has made far less of a splash (at least outside legal circles) is what happened later: in early 2024 the U.S. Court of Appeals for the Fifth Circuit granted a “remittitur.” Latin for “send back,” the court’s order reduced the jury verdict down to about .07% of the original amount—just under $250,000.

U.S. law students are generally taught that courts like to treat jury decisions as a “black box,” meaning they don’t like to examine them too closely and will defer to the jury on issues of fact. This case illustrates that that is not necessarily the case: even when an employee can prove that their employer violated the law, they may not be allowed to keep what the jury decided they deserve.

Navigating Love in the Workplace: Valentine’s Day and Employment Law

January 11, 2024 | Robert J. Wiley

As Valentine’s Day approaches, love is in the air, but it’s essential to strike a balance between romance and professionalism in the workplace. For employees navigating relationships at work, understanding the implications of Valentine’s Day festivities and workplace dynamics is crucial. In this blog post, we’ll explore how Valentine’s Day intersects with employment law and the potential legal considerations that employees should be aware of, with the guidance of a plaintiff’s employment law firm.

Many people spend a significant portion of their waking hours at work, making it a common place for relationships to develop. While workplace romances are not inherently problematic, they can give rise to legal issues if not managed appropriately.

As long as relationships are consensual and do not create a hostile work environment, they are generally permissible. However, it’s crucial for employees to remain aware of company policies regarding workplace relationships, as some organizations may have specific guidelines in place.