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The 2020 Election: Previewing the Potential for Shifts in Labor & Employment Law
As Election Day approaches, employers nationwide consider the changes that may come with a victory by Senator Joseph Biden in the Presidential race and/or shift in representation in the U.S. Senate. While we cannot be certain of what the future...
The COVID-19 Vaccine: Now Is Time for Employers to Plan for Whether They Can, and Should, Require Employees to Be Vaccinated
A Gallup survey released earlier this month indicates that more than one in three Americans, specifically 35 percent, intend to decline to have any COVID-19 vaccine that ultimately is approved by the FDA — even if offered free of cost...
Supreme Court Rules Title VII Bars Discrimination on the Basis of Sexual Orientation and Gender Identity
Today, June 15, 2020, the Supreme Court of the United States issued a landmark decision in Bostock v. Clayton County, Georgia , holding that Title VII of the Civil Rights Act of 1964 (“Title VII”) protects lesbian, gay, bisexual, and...
Labor & Employment Webinar: Have Questions? Get Answers
The volume of evolving information arising out of the coronavirus pandemic is astounding. How do employers sort through it all to know what is important for your company and role within the organization? Bracewell’s webinar aims to help. Our Labor...
Timely Use It, or Lose It: Recent Supreme Court Case Provides Reminders for Employers, but Employees Still Need to File a Charge Before Filing Title VII Lawsuit
In Fort Bend County, Texas v. Davis (U.S. June 3, 2019), the U.S. Supreme Court (Court) held that the charge-filing requirement under Title VII of the Civil Rights Act of 1964 (Title VII) is not jurisdictional. The case involved an...
Employment Arbitration: Trends, Developments & Best Practices
In May 2018, the United States Supreme Court issued an opinion upholding the validity of class-action waivers in employee arbitration agreements. Significant media coverage of that opinion has led many employers to evaluate whether to require employees to arbitrate employment-related...
“Why Matters” – In Texas, Proving Same-Sex Harassment “More Complicated” than Proving Opposite-Sex Harassment
On April 6, 2018, the Texas Supreme Court issued a decision assessing what evidence is necessary to support an actionable same-sex sexual harassment claim. In an opinion totaling over 100 pages, the six-justice majority and two-justice dissent sparred over the...
EEOC Files First Suits Against Businesses Alleging Sexual Orientation Discrimination
Previously, federal courts, for the most part, held that Title VII of the Civil Rights Act of 1964, which prohibits discrimination based upon race, color, national origin, religion and sex, does not provide a basis for challenging discrimination based upon...
EEOC Proposes To Add Pay Level Information To Required EEO-1 Reports
The Obama Administration has recently focused on eliminating pay discrimination by mandating increasing employee pay level disclosure. Building on this emphasis, the Equal Employment Opportunity Commission (EEOC), in conjunction with the Office of Federal Contract Compliance Programs (OFCCP), has proposed...
OFCCP Regulations Prohibiting Pay Secrecy Policies & Required Posting Effective Now
Executive Order 13665 & Pay Transparency Regulations Effective Now Following the NLRB’s lead on employee rights regarding discussion of confidential wage issues, Executive Order 13665 and the Office of Contract Compliance Program’s ("OFCCP’s") implementing pay transparency regulations became effective January...
President Obama Issues Executive Order Prohibiting Federal Contractors From Discriminating Based on Sexual Orientation or Gender Identity
On July 21, 2014, President Barack Obama issued an Executive Order prohibiting federal contractors from discriminating in employment decisions based on applicants’ or employees’ sexual orientation or gender identity. This Executive Order amends long-standing obligations for federal contractors in Executive...
Texas Workforce Commission: New Employment Record Requirement
On September 28, 2012, the Texas Workforce Commission (TWC) proposed a new rule that would require all employers to create and maintain job descriptions for anyone who performed services for the employer over the last four years. Specifically, the TWC...