Answers Posted By Ken Molberg

Answer to retaliation/discrimination/pregnancy/fmla violations

retaliation/discrimination, etc.

You may indeed have a case, and more than one of them at that. Without delving into each possible avenue of approach, Title VII of the Civil Rights Act of 1964 prohibits your employer from retaliating against you for opposing practices (such as sexual harassment) that are illegal under the Act. The state counterpart to Title VII, known as the Texas Commission on Human Rights Act of 1983, also prohibits retaliatory conduct.

It also seems that your employer may have run afoul of the Pregnancy Discrimination Act, which is an amendment to Title VII, by failing to promote you or consider you for promotion.

Furthermore, if I read you right, you are also being penalized for exercising or attempting to exercise your rights under the Family & Medical Leave Act of 1993. This, too, is unlawful.

I have not touched on all the possible routes of redress you may have available to you. And, of course, any final decision must be made on the basis of further facts. But given the situation you describe, you should in fact follow up with an attorney.

Ken Molberg
Dallas

posted Dec 4, 2002 4:56 PM [EST]

Answer to Worker's compensation retaliation

Workers' Compensation Retaliation

You may very well have a claim, based upon the limited
facts with which I have been presented. Section 451.001 of
the Texas Labor Code prohibits retaliation against those
who have made a claim for worker's compensation. Specifically,
the law prevents an employer from discriminating against one who
has filed a claim, hired a lawyer, instituted a proceeding
under the workers' compensation act, or testified or may testify in
such a proceeding.

It appears that you fall into the category of one who has instituted
a proceeding, in that notice to the employer is the triggering event
in the workers' compensation claims process.

posted Sep 8, 2001 7:21 PM [EST]

Answer to Worker's compensation retaliation

Workers' Compensation Retaliation

You may very well have a claim, based upon the limited
facts with which I have been presented. Section 451.001 of
the Texas Labor Code prohibits retaliation against those
who have made a claim for worker's compensation. Specifically,
the law prevents an employer from discriminating against one who
has filed a claim, hired a lawyer, instituted a proceeding
under the workers' compensation act, or testified or may testify in
such a proceeding.

It appears that you fall into the category of one who has instituted
a proceeding, in that notice to the employer is the triggering event
in the workers' compensation claims process.

posted Sep 8, 2001 7:20 PM [EST]

Answer to Requirement of 50 employees for the location or whole company?

FMLA Coverage

Under Section 2611(2)(B)of the FMLA, an
eligible employee does not include an employee
of an employer who is employed at a worksite at
which the employer employs less than 50 employees
if the total number of employees employed by that
employer within 75 miles of that worksite is less
than 50.

In other words, this section sets forth
the 75-mile rule.

Thus, if there are not 50 employees at your
site or within 75 miles thereof, then
you will not be an eligible employee
entitled to coverage.

posted Aug 24, 2001 1:29 PM [EST]

Answer to Is this a case of gender discrmination or am I crazy?

gender discrimination

Seems like a gender problem to me--under Title VII, the Texas Commission on Human Rights Act and the Equal Pay Act. The more complicating feature, however, is your resignation. Whether it constitutes a "constructive discharge" is a tough question in our federal circuit. I would urge you to contact a lawyer directly who will explore the facts and determine if you have something that can be remedied through legal action.

posted Apr 3, 2001 2:30 PM [EST]

Answer to Equal Pay for Equal Work

Equal Pay

It is legal if the distinction
is not based upon an impermissible
criterion, such as sex, race,
age, etc. If the distinction
is based upon an impermissible
factor, then the employer's
action may implicate
and violate) the
Equal Pay Act, Title VII of
the Civil Rights Act of 1964,
the Texas Commission on Human
Rights Act of 1983, or various
other laws. Simply, more
information is needed to
determine the answer to your
question.

Ken Molberg

posted Apr 2, 2001 2:44 PM [EST]