What Are the Families First Coronavirus Act and Emergency FMLA?
The COVID-19 coronavirus pandemic continues to disrupt the normal operations of many businesses around the country, along with just about every other aspect of our lives. Many companies have suffered losses and have been forced to furlough employees, cut pay, and even conduct layoffs. These hardships have not, however, stripped employees of their legal… Read More »
Tremain Artaza: Members of Texas Employment Lawyer’s Association
Tremain Artaza PLLC is proud to state its affiliation with the Texas Employment Lawyer’s Association (TELA). The employment discrimination attorneys at Tremain Artaza are active members and contributors to TELA. We are honored to be associated with employment practitioners of the highest reputation and school, and we are proud of the work that TELA… Read More »
Supreme Court Rules Job Discrimination Laws Don’t Protect Church-School Teachers
This year has been a mixed bag for supporters of civil rights and anti-discrimination laws. In a surprisingly progressive decision, the Supreme Court of the United States recently ruled that Title VII protects workers against discrimination based on sexual orientation and gender identity. Unfortunately, not every Supreme Court decision goes the way it should…. Read More »
Supreme Court Rules Title VII Protects LGBTQ+ Workers
The United States Supreme Court recently made history by issuing a landmark decision expanding workplace civil rights protections to gay, lesbian, and transgender individuals. The Court’s decision provides the Texas LGBTQ+ community federally-guaranteed legal protections against on-the-job discrimination, including discriminatory hiring decisions and discriminatory terminations, for the first time ever. Continue reading to learn… Read More »
Colorado: Pot Use is Still a Valid Ground for Termination
Brandon Coats, a quadriplegic man who used marijuana off-duty to control muscle spasms, was fired in 2010 by Dish Network after failing a random drug test. He challenged the termination, and Dish Network’s company policies, claiming that his pot use was legal under state law – and therefore, was not a valid grounds for… Read More »
Muslim Woman Denied Job Over Head Scarf Wins in Supreme Court
The Supreme Court on Monday revived an employment discrimination lawsuit against Abercrombie & Fitch, which had refused to hire a Muslim woman because she wore a head scarf. The company said the scarf clashed with its dress code, which called for a “classic East Coast collegiate style.” “This is really easy,” Justice Antonin Scalia… Read More »
Supreme Court Paves the Way for Pregnancy Accommodations
This morning, the United States Supreme Court handed down its decision in Young v. United Parcel Service (Case No. 12-1226). The case addressed whether, and in what circumstances, employers are required to provide workplace accommodations for pregnant employees with medical limitations. Seems obvious, right? Wrong. Workplace accommodations are required for employees who are disabled… Read More »
Carmen & Ashley Named to 2015 Texas Super Lawyers “Rising Stars” List.
Carmen and Ashley have both been selected again to the 2015 Texas Super Lawyers list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers… Read More »
Same-Sex Couples Now Covered by FMLA
The Department of Labor has issued new FMLA Regulations on the definition of ‘Spouse’ – same-sex couples whose marriages are recognized in the “place of celebration” (i.e., the state or country in which they were married) are now afforded the same family leave protections as other couples under the Act: http://www.shrm.org/…/fed…/pages/fmla-spouse-final-rule.aspx
Another Case Confirms the Employer’s “Heavy Burden” in FMLA Cases
Another employee who claimed she was fired for taking FMLA leave has survived summary judgment. A federal district court in Ohio confirmed that an employee’s burden of providing notice of the need for leave “is not heavy” and that an employer has the burden of clarifying any uncertainty on whether the employee intends to… Read More »