Tag Archives: Houston Employment Lawyer

The ADA Also Prohibits Discrimination Based On An Employee’s Relationship Or Association With An Individual With Cancer

We are blogging on Mark Oberti’s paper on the “5 Things Employers And Employees Need To Know About Cancer In The Workplace” In a little known part of the ADA, the law provides that it is unlawful for an employer … Continue reading

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Victims Of Disability Discrimination Have Short Time Limits To Act

We are blogging on Mark Oberti’s paper on the “5 Things Employers And Employees Need To Know About Cancer In The Workplace” Under the ADA, an employee has only 300 days to file an EEOC Charge of Discrimination from the … Continue reading

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The FMLA Provides Some Job Protection For Cancer Victims, But Is Very Technical

We are blogging on Mark Oberti’s paper on the “5 Things Employers And Employees Need To Know About Cancer In The Workplace” The FMLA provides up to 12 weeks of job-protected leave per year for employees suffering from a serious … Continue reading

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The EEOC Is Focused On The ADA Rights Of Employees With Cancer, Especially Ones With Reasonable Accommodation Issues

We are blogging on Mark Oberti’s paper on the “5 Things Employers And Employees Need To Know About Cancer In The Workplace” The Equal Employment Opportunity Commission (“EEOC”) is the federal government agency that investigates alleged violations of the ADA, … Continue reading

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Cancer In The Workplace

Mark Oberti has written a paper on the “5 Things Employers and Employees Need to Know About Cancer in the Workplace.” We will prepare a series of blog posts about this important issue in employment law.

Posted in Disability, FMLA, Houston Employment Law, Human Resources | Tagged , , , , , ,

Severance Agreements And Retaliation (Part II)

In our post yesterday we discussed the pro-employee case of EEOC v. Lockheed Martin, 444 F. Supp. 2d 414 (D. Md. 2006). The Sixth Circuit Court of Appeals issued a more employer-favorable decision on the issue in EEOC v. Sundance … Continue reading

Posted in Houston Employment Law, Houston Retaliation Law, Retaliation, Separation Agreements | Tagged ,

Severance Agreements And Retaliation (Part I)

Employers must be careful with how their severance and release agreements are drafted, both to ensure they are effective, and that they do not stimulate retaliation claims. An extreme example is EEOC v. Lockheed Martin, 444 F. Supp. 2d 414 … Continue reading

Posted in Houston Employment Law, Houston Retaliation Law, Retaliation, Separation Agreements | Tagged ,

If An Employee Engages In More Protected Activity After An Employer Takes Some Action Against Him or Her, Is The Employer’s Action Materially Adverse?

Our paper addresses this interesting question. An employer’s actions are “materially adverse” – and thus actionable as retaliation – if they are “harmful to the point that they could well dissuade a reasonable worker from making or supporting a charge … Continue reading

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FLSA Retaliation – Can A Plaintiff Obtain Punitive Damages?

Federal appellate courts that have considered the issue are split on whether a plaintiff can recover punitive damages in a FLSA retaliation claim. Compare Travis, 921 F.2d at 111–12 (punitive damages are available in an FLSA retaliation claim), with Snapp … Continue reading

Posted in Damages, FLSA, Houston Employment Law, Houston Retaliation Law, Overtime, Retaliation | Tagged , ,

FLSA Retaliation – Can A Plaintiff Obtain Emotional Distress Damages?

The damages provision of the anti-retaliation section of the FLSA states in relevant part: Any employer who violates the provisions of section 215(a)(3) of this title shall be liable for such legal or equitable relief as may be appropriate to … Continue reading

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