After dropping a bombshell on affirmative action last summer (SFFA v. Harvard), did the Supreme Court’s recent decision in Students for Fair Admissions v. USMA At West Point, Et Al. push a little flower up through the affirmative action rubble?
The Supreme Court on Friday February 2, 2024 rejected an emergency appeal seeking to force a change West Point’s admissions process at West Point. The order, issued without any noted dissents or explanations, comes as the military academy is making decisions on whom to admit for the Class of 2028.
Students for Fair Admissions v. USMA At West Point, Et Al.:
The case centers on the admissions policies of West Point, which, like many other educational institutions, had implemented measures aimed at fostering a diverse student body. These policies were challenged on the grounds that they violated the Equal Protection Clause of the Fourteenth Amendment, sparking a legal debate that culminated in the Supreme Court ruling. The question was: Do these diversity measures hold up under the Constitution?
The Supreme Court Weighs In
The Supreme Court’s decision in this case has been anticipated as a bellwether for the future of affirmative action in the United States. In its ruling, the Court navigated complex issues of constitutional law, educational policy, and societal values concerning race, diversity, and equal opportunity.
The Supreme Court’s decision is more than a verdict on West Point; it’s a signal flare for the future of affirmative action across the country. It’s not just about who gets into prestigious military academies; it’s about the very fabric of diversity and inclusion efforts nationwide.
The Ripple Effect
The ruling has several key implications for affirmative action across the United States:
New Legal Playbook: This ruling is the new go-to for courts handling affirmative action cases. It’s the Supreme Court’s latest word on what’s okay and what’s not when it comes to diversity in education. The decision sets a significant precedent that will likely influence how lower courts evaluate affirmative action policies in education and potentially beyond. It offers a new interpretive lens through which the legality of such policies will be assessed.
Schools on Notice: For educational institutions, especially federally funded military academies, the ruling necessitates a reassessment of admissions policies. Schools everywhere, especially those getting federal funds, need to take a hard look at their admissions policies. It’s time to get creative in fostering diversity without stepping on legal landmines.
Debate 2.0: The ruling has thrown gasoline on the fiery debate over the best way to achieve a diverse student body. The decision reignites the national debate on how best to achieve diversity within educational institutions and more broadly within society. It challenges policymakers, educators, and legal professionals to consider how goals of diversity and inclusion can be met within the framework set by the Supreme Court.
What’s Next for Affirmative Action ?
This isn’t the end of the story for affirmative action; it’s more like the plot just thickened – it’s not the end of the conversation on affirmative action but rather a new chapter. It prompts a critical examination of the means by which diversity and inclusion are pursued in education and other sectors.
Educational institutions are back at the drawing board, brainstorming how to welcome diversity through the front door without getting tangled in legal red tape. Think broader than race and ethnicity—think socioeconomic factors, life experiences, and more.
Legal professionals and scholars will undoubtedly continue to analyze this decision for its broader implications on affirmative action policies. As society evolves, so too will the legal frameworks that govern it, requiring ongoing dialogue and adaptation to ensure that the values of diversity and equal opportunity are upheld.
The Supreme Court’s West Point decision is yet another game-changer for affirmative action. It’s challenging everyone to rethink how we’re achieve diversity and inclusion, making it clear that the quest for a more inclusive society is far from over. Strap in, folks; it’s going to be an interesting ride.
https://clgtrial.com/wp-content/uploads/2019/12/Carter-Law-Logo-Horizontal-.png00Heather Davishttps://clgtrial.com/wp-content/uploads/2019/12/Carter-Law-Logo-Horizontal-.pngHeather Davis2024-02-02 17:50:352024-02-02 17:50:35Is the Supreme Court’s West Point Decision a Flower Amongst the Affirmative Action Rubble?
The Texas Commission on Human Rights Act (TCHRA), enacted in 1983, was designed to combat discrimination in workplaces, the TCHRA is a crucial piece of legislation that aligns with federal laws like the Civil Rights Act of 1964 and the Americans with Disabilities Act. As always with plaintiffs in Texas, the legislature giveth and the legislature taketh away. Usually far more of the latter than the former.
Key Provisions of the TCHRA: The Good
Employment Discrimination
At its core, the TCHRA addresses employment discrimination. It applies to employers with 15 or more employees, including state and local governments. The act makes it illegal to discriminate in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment.
Disability Discrimination
The TCHRA also includes provisions for individuals with disabilities, aligning with the Americans with Disabilities Act. It requires employers to provide reasonable accommodations to employees with disabilities, as long as it does not cause undue hardship to the business.
Retaliation and Harassment
Retaliation against individuals who file discrimination claims, participate in an investigation, or oppose discriminatory practices is prohibited under the TCHRA. Additionally, the act covers harassment on the basis of a protected characteristic, creating a legal obligation for employers to ensure a workplace free from hostile or offensive environments.
Enforcement for Employees
The Texas Workforce Commission Civil Rights Division is responsible for enforcing the TCHRA. Individuals who believe they have been subjected to employment discrimination can file a complaint with this division, triggering an investigation process. If the commission finds evidence of discrimination, it attempts to resolve the issue through mediation or other means. If unresolved, legal action may be pursued.
Key Challenges of the TCHRA: The Bad
Stringent Filing Deadlines
One of the primary challenges for employees under the TCHRA is the stringent deadline for filing discrimination claims. The act requires that complaints be filed within a relatively short period from the alleged act of discrimination. This tight timeline can be a significant hurdle, particularly for those who may not immediately recognize the legal implications of their situation or for whom navigating the legal system is daunting.
Administrative Exhaustion Requirement
Before proceeding to court, employees must first file their discrimination claim with the Texas Workforce Commission Civil Rights Division (TWC-CRD) and allow the agency to investigate. This requirement, known as “administrative exhaustion,” can be time-consuming and may delay the ability to seek immediate redress through the courts. For some employees, this process can be disheartening and may dissuade them from pursuing their claim further.
Limited Damages and Remedies
The TCHRA caps the damages that can be awarded in successful discrimination cases, which can be a deterrent for employees seeking full compensation for their losses. These caps may not always fully cover the losses, especially in cases of severe discrimination or long-term career impacts. This limitation can affect the decision of employees to initiate or continue litigation, knowing the potential limitations on the outcome.
Burden of Proof
Employees bear the burden of proof in discrimination cases under the TCHRA. Proving discrimination can be complex and requires a thorough understanding of legal standards and evidence gathering. Employees without legal representation may find this burden particularly challenging.
Cost of Legal Representation
The cost of legal representation can be prohibitive for many employees. While the TCHRA aims to protect workers’ rights, the reality of legal expenses can be a significant barrier, especially for those with limited financial resources.
TCHRA’s Unintended Consequences: The Ugly
Discouragement of Claims
The procedural and financial challenges posed by the TCHRA may discourage employees from filing legitimate discrimination claims. This unintended consequence can undermine the very purpose of the Act, which is to provide a remedy for workplace discrimination.
Employer Leverage
In some cases, the complexities and challenges of the TCHRA process can inadvertently provide employers with leverage. Employers with more resources and legal expertise may be better positioned to navigate the TCHRA’s requirements, potentially disadvantaging employees in disputes.
While the Texas Commission on Human Rights Act represents a significant effort to address workplace discrimination, its implementation reveals a more nuanced impact on employees seeking legal recourse. The procedural requirements, limited remedies, and legal complexities can pose significant challenges, sometimes making it difficult for employees to fully exercise their rights under the Act.
Victims of employment discrimination can be entitled to back pay, front pay, liquidated damages, attorney’s fees, and/or job reinstatement. But timing for a discrimination case is critical – a federal worker must generally file a complaint with the EEO office of their agency within 45 days of the discriminatory act and other workers generally have 180 to 300 days. Contact a Dallas, Texas discrimination lawyer at Carter Law Group, to immediately begin building a strong and effective case.
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Silicosis associated with inhalation of respirable crystalline silica among engineered stone countertop fabrication workers is an emerging health concern. Silicosis, a debilitating lung disease caused by exposure to respirable crystalline silica (RCS), is a severe concern for countertop fabricators.
Silicosis is a lung disease caused by the inhalation of crystalline silica dust, which is produced during the cutting, grinding, or polishing of materials like granite and quartz. The fine silica particles are so small that they can easily penetrate deep into the lungs, causing inflammation and scarring. Silicosis develops over time, often silently, with symptoms not appearing until years after exposure. For countertop fabricators, the risk of silicosis is a growing concern, as the demand for stone countertops continues to rise.
Countertop fabricators are particularly vulnerable to silicosis due to the nature of their work. They are routinely exposed to high levels of RCS while cutting and shaping stone slabs. The primary risk factors include:
Countertop Fabricator’s and Employer’s Lack of Awareness: Many fabricators are unaware of the risks associated with silica exposure and may not take adequate precautions. Silicosis is notorious for its delayed onset of symptoms, which can take years to manifest. This makes it difficult for countertop fabricators to connect their health issues to workplace exposure. Many fabricators may not even realize the risks they face, leading to underreporting of illnesses and limited data on the true extent of the problem.
Inadequate Ventilation: Without adequate ventilation, workers are exposed to elevated levels of airborne silica dust, which significantly increases their risk of developing silicosis, as well as other respiratory and lung-related diseases. OSHA (Occupational Safety and Health Administration) regulations require employers to provide a safe working environment. Inadequate ventilation can result in compliance issues and potential legal consequences.
Prolonged Exposure Leads to Serious Lung Disease: Countertop fabrication often involves long hours of continuous work, leading to prolonged exposure to silica dust. Prolonged exposure to silica dust presents significant health risks, primarily due to its ability to enter the respiratory system and cause serious health problems.
Lack of Personal Protective Equipment (PPE): Failure to use appropriate PPE, such as respirators and dust masks, can exacerbate the risk of inhalation. Workers should wear appropriate respiratory protection, such as N95 respirators or higher-grade respirators designed to filter out fine silica particles. Fit testing and proper training on respirator use are essential.
Silicosis is a hidden threat that countertop fabricators face daily, often without realizing it. The lack of awareness about this potentially life-threatening disease is a significant concern for the industry. By increasing education and training, enforcing safety measures, providing regular health screenings, and advocating for support systems, we can begin to address this issue and ensure that the health and well-being of countertop fabricators are safeguarded, alongside their remarkable craftsmanship. It’s time to make the invisible threat of silicosis visible and protect those who create the beauty in our homes.
If you’ve been diagnosed with silicosis—sometimes also referred to pulmonary fibrosis or diagnosed in connection with pneumoconiosis or interstitial lung disease (ILD)—an attorney at Carter Law Group can protect your legal rights and fight to get you and your family the compensation you deserve.
Please visit our Education and Resources page for additional information on how silica causes disease, your silicosis diagnosis, government regulations related to silica and silica exposure, and other information and educational tools related to your injuries, your potential lawsuit, and how Carter Law Group can help you.
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If you or a loved one has been sexually assaulted while on property owned by another person or company, you should contact a sexual assault attorney.
Sexual assault on another person’s property can be a traumatic experience, and in Texas, premises liability laws hold property owners accountable for ensuring a safe environment for their visitors.
What is a Premises Liability Lawsuit?
Premises liability in Texas is a legal doctrine that holds property owners responsible for maintaining their premises in a safe condition. When sexual assault occurs on someone else’s property, the victim may have a legal basis to hold the property owner or manager liable for the incident. Key elements to consider in a premises liability case involving sexual assault in Texas include:
Duty of Care: Property owners have a duty to protect visitors from foreseeable harm, which includes taking steps to prevent sexual assaults on their premises.
Foreseeability: To establish liability, the victim must demonstrate that the property owner should have foreseen the risk of sexual assault based on previous incidents, crime rates in the area, or other relevant factors.
Negligence: Victims need to prove that the property owner was negligent in providing reasonable security measures, lighting, surveillance, or employee training that could have prevented the assault.
Causation: It is crucial to establish a direct link between the property owner’s negligence and the sexual assault.
Damages: Victims must also demonstrate the physical, emotional, and financial damages they suffered as a result of the assault.
It’s important to remember that every case is unique, and the legal process can be complex. Consult with a sexual assault attorney to understand your rights, responsibilities, and the best course of action for your specific situation. Legal professionals can guide you through the legal process and help you seek justice. But generally, if you have been a victim of sexual assault on someone’s property, you should consider the following:
Seek Medical Attention: The well-being of the victim is of paramount importance. Seeking immediate medical attention is crucial for both physical well-being and the preservation of evidence.
Contact Law Enforcement: Report the incident to local law enforcement. A police report can serve as critical evidence in your case.
Preserve Evidence: Preserve any evidence related to the incident, such as clothing, photographs, or any communication with the assailant.
Seek Legal Counsel: Consult an experienced attorney who specializes in premises liability and sexual assault cases. They can help assess the strength of your case and guide you through the legal process.
Gather Witness Statements: Collect statements from any witnesses who were present during the assault. Their testimony can be valuable in court.
Document Expenses and Damages: Keep meticulous records of medical expenses, therapy costs, lost wages, and any other damages incurred as a result of the assault.
Negotiation or Litigation: Your attorney will help determine whether a settlement can be reached with the property owner or if litigation is necessary to secure a fair outcome.
Premises liability cases in Texas involving sexual assault are emotionally taxing, but they play a crucial role in holding property owners accountable for maintaining safe environments. It is essential for victims to know their rights and have the support of an experienced attorney who can help navigate the legal process. By seeking justice through the legal system, victims can not only obtain compensation for their suffering but also contribute to safer premises for everyone in their community.
A potential claimant may feel nervous and uncertain about bringing a legal lawsuit against the sexual abuser. Additionally, understanding court procedures and modifications to Texas law can be difficult and stressful.
Our committed Texas sexual abuse attorneys can assist you if you were the victim of sexual misbehavior or abuse.
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In recent years, the beauty industry has seen a surge in demand for hair straightening products that promise sleek, frizz-free locks. Many of these products, however, contain formaldehyde and formaldehyde-releasing chemicals like methylene glycol, which are known to pose serious health risks. CNN has recently reported the U.S. Food and Drug Administration (FDA) plans to propose a ban on formaldehyde and formaldehyde-releasing chemicals in hair straightening products.
Understanding Formaldehyde and Its Risks Like Uterine Cancer
Formaldehyde is a colorless, strong-smelling gas used in a variety of industries, including hair straightening products. It is a potent preservative that can help maintain a product’s shelf life and effectiveness. Unfortunately, formaldehyde is a known carcinogen and can pose serious health risks when inhaled or absorbed through the skin. The risks associated with formaldehyde exposure include:
Respiratory Issues: Breathing in formaldehyde fumes can lead to respiratory problems, including coughing, wheezing, and shortness of breath.
Skin Irritation: Direct contact with formaldehyde can cause skin irritation, redness, and even burns.
Eye Irritation: Formaldehyde exposure can result in eye irritation, redness, and, in severe cases, damage to the cornea.
Carcinogenic Effects: Long-term exposure to formaldehyde is associated with an increased risk of certain types of cancer, including nasal and throat cancer. Additionally, recent studies have shown a strong connections between chemical hair relaxers and uterine cancer.
Formaldehyde in Hair Relaxers
Hair straightening products often contain formaldehyde or formaldehyde-releasing chemicals like methylene glycol to achieve the desired results. These chemicals are used in the formulation to break down hair’s natural bonds and reshape them into a straighter form. The high heat applied during the straightening process causes these chemicals to release formaldehyde gas, which poses a risk to both customers and salon professionals. If you are a salon professional or consumer who has been diagnosed with an illness like uterine cancer, your illness may be related to your use of hair-straightening products.
Why the FDA Is Considering a Ban on Formaldehyde in Hair-Straightening Products
One of the primary issues surrounding this hidden link is the lack of comprehensive regulation in the beauty industry. Many consumers are unaware that formaldehyde or formaldehyde-releasing chemicals are present in hair-straightening products. This knowledge gap is a result of limited transparency and labeling requirements. With an absence of clear warnings, consumers, and salon professionals unknowingly expose themselves to these risks.
The FDA’s possible ban of formaldehyde and formaldehyde-releasing chemicals in hair straightening products stems from a commitment to public health and safety. The agency recognizes the potential harm these products can cause and aims to protect consumers and salon workers. The proposed ban aligns with the following key concerns:
Health Risks: The FDA acknowledges the health risks posed by formaldehyde and formaldehyde-releasing chemicals. The ban would mitigate exposure and reduce the risk of adverse health effects.
Consumer Awareness: Many consumers are unaware of the presence of formaldehyde in hair straightening products. Banning these chemicals would ensure that products on the market meet safety standards.
Protecting Salon Professionals: Salon workers frequently handle hair straightening products, increasing their exposure to formaldehyde. The ban would protect the health of these professionals.
Promoting Safer Alternatives: The proposal encourages the development and use of safer alternatives to achieve straight hair without the health risks associated with formaldehyde.
The FDA’s potential proposal to ban formaldehyde and formaldehyde-releasing chemicals in hair straightening products is a significant step towards safeguarding public health. By reducing the exposure to these hazardous substances, consumers and salon professionals can enjoy the benefits of hair straightening without the associated health risks. This proposal marks a positive shift towards safer beauty practices, emphasizing the importance of safety and transparency in the industry.
Learn more about Texas damages caps in employment cases with a discrimination lawyer from Carter Law Group today.
Despite all the headlines to the contrary, bringing a civil lawsuit is hard, especially in Texas. People hear about large verdicts from runaway juries, about millions and millions of dollars from “hot coffee.”
But they don’t hear about the laws that protect bad actors from large verdicts (or just how wrong those “hot coffee” jokes are).
In employment cases, federal and Texas damages cap, or arbitrarily limit, the amount a plaintiff can recover, regardless of how bad the defendant behaved. In most cases, the compensatory and punitive damages (the damages for mental anguish and to punish really bad-acting defendants) are based on the size of the employer.
So, a plaintiff is generally subject to the following damage caps:
Now, the people in favor of employment discrimination damages caps would argue that these artificial limits protect businesses from unfair verdicts from crazy juries. But they’re wrong.
Why Damages Caps Are Bad?
1. Manufactured limits on damages remove personal responsibility from bad employers.
Juries give large verdicts for a reason. When you see multi-million-dollar verdicts in the news, a jury was almost certainly punishing a defendant for bad behavior. Unlike the general public, a jury spent days or weeks reviewing all the defendant’s dirty laundry related to the lawsuit. Damages caps only protect bad actors from the consequences of their actions.
2. Damages caps expose the public to future harms.
Like it or not, large verdicts force business owners and corporate leaders to fix problems in their organizations.
If a large corporations knows that they most they ever have to pay is $300,000, even under the most egregious facts, owners and managers are less like to pay the money, attention and time necessary to correctly monitor and train their managers and employees.
As we all know in today’s world, these large companies often only listen when their bank accounts get involved.
3. Statutory limits on damages prevent the jury system from working efficiently.
Caps severely limit the natural value of a case, which hurts the efficiency of the legal system in a few ways.
First, many plaintiffs can only afford to bring a lawsuit if an attorney will take the case on a contingency fee (the attorney fronts the cost of fees and expenses until the case resolves so the plaintiff does not have out-of-pocket expenses).Plaintiffs being unable to find an attorney to take their case slows the discovery and public knowledge of bad actors.
Second, damages caps only protect the absolute worst employer behavior.
For instance, a lawsuit with disputed facts or marginally bad behavior by the defendant will almost always naturally settle below the caps because each side has risk appropriate to the facts. But when you have damages caps in a case with terrible facts for the defendant, the defendant knows that the worst a jury can do, regardless of how angry they get, is only the amount of the cap.
So, of course, the plaintiff is forced to settle at or below the cap amount.
I can’t tell you how many times I’ve had to explain damages caps to my very frustrated clients. I understand their frustration. But I will tell you what I always tell them.
When you vote for “tort reform,” these policies are what you’re getting.
So, write your legislators; tell them you do not support damages caps in civil cases. And vote. Vote for public servants who do not support “tort reform.”
Contact an Employment Discrimination Lawyer today
If you are a victim of employment discrimination, contact Carter Law Group at (214) 390-4173. We can help you through this emotionally difficult time and get you the monetary recompense you are due for your discriminatory mistreatment.
We understand women and men who are victims of employment discrimination violations and we are well known for protecting and enforcing the rights of our clients. Call us now!
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Hair Relaxer Lawsuit Attorneys at The Carter Law Group are actively investigating cases of women who used hair relaxers and were diagnosed with uterine fibroids/cancer.
Women who use hair relaxers are significantly more likely to develop uterine fibroids, cancer, endometriosis, breast cancer, and other serious health problems, according to recent studies.
Texas Hair Relaxer Lawsuit Attorney
If you need a hair relaxer lawsuit attorney in Texas, Carter Law Group is a firm to turn to. We are a proud female-owned law firm.
A true advocate for their clients and passionate about helping female Texans that have been injured or wronged. If you or a loved one used hair relaxers and was diagnosed with uterine fibroids, uterine cancer, endometriosis, or breast cancer, you should contact our hair relaxer lawsuit attorneys at Carter Law Group immediately. You may be entitled to compensation by filing a lawsuit.
What Is the Problem with Hair Relaxers?
Hair relaxers are used by millions of black women to straighten their hair. Over time, women are exposed to high levels of toxic chemicals in hair relaxers through scalp lesions, burns, and irritated skin. These chemicals may cause cancer or cause other health problems due to endocrine-disrupting side effects.
Why Are Hair Relaxers so Risky?
In recent years, multiple studies have found that women who routinely use hair relaxers are more likely to develop fibroids, uterine cancer, breast cancer, endometriosis, and other serious health problems.
Researchers warn that hair relaxers may contain carcinogenic chemicals (such as formaldehyde) or other chemicals that can mimic estrogen.
Some of these chemicals can have hormone-disrupting side effects, such as parabens and phthalates, which may explain why they are linked to women’s health problems.
Hair Relaxers Linked to 2-3X Increased Risk of Fibroids
In January 2012, a study published in the American Journal of Epidemiology warned that African American women who used hair relaxers were 2-3 times more likely to be diagnosed with uterine fibroids (also called “uterine leiomyomata”) than women who did not report using hair relaxers.
Another Study Links Hair Relaxers and Cancer
In October 2022, a study published in the Journal of the National Cancer Institute found that women who used hair relaxers at least every 3 months were twice as likely to be diagnosed with uterine cancer compared to women who did not use hair relaxers.
The lead author of the study, Shirley McDonald of the Hair and Scalp Clinic, warned:
“We now know that many hair products contain chemicals that are considered carcinogenic and/or hormone disrupters, leading to increased risk of medical issues such as fibroids.”
Fibroids and Uterine Cancer
Uterine fibroids are usually not cancer. Most fibroids are just “benign” tumors or growths — but not always. Some fibroids are actually cancer, including life-threatening cancer called leiomyosarcoma.
In other cases, women who think they have fibroids actually have a common type of uterine cancer — such as endometrial carcinoma, which starts when cells in the inner lining of the uterus begin growing uncontrollably. The most common symptom is abnormal bleeding.
Is My Fibroid Actually Cancer?
There is no way to tell if a fibroid is cancerous by symptoms alone, but fibroids are more likely to be cancer when they are causing serious symptoms like pain or bleeding or when they grow large more quickly.
Fibroids May Lead to Hysterectomy or Infertility
Fibroids are one of the most common gynecological problems for women over 40 years old. They are also the top reason why women choose to undergo a hysterectomy (surgery to remove the uterus). When fibroids occur in younger women, they can cause infertility.
Do Fibroids Always Cause Symptoms?
No. Most fibroids are small and do not cause symptoms, but when they do, the symptoms can be severe. Fibroids can grow very large — up to several pounds. They can also cause debilitating pain or bleeding that requires surgery to remove the fibroid and uterus (hysterectomy).
Symptoms of Uterine Fibroids
Some of the most common symptoms of uterine fibroids include the following:
Pelvic pain or discomfort
Abnormal swelling in the pelvic area
Heavy bleeding during periods
Abnormal bleeding (such as especially heavy or prolonged menstrual bleeding, spotting in between periods, bleeding after menopause, etc.)
And more severe healthcare issues
Popular Brands of Hair Relaxers & Chemical Hair Straighteners
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TCB
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Need a Hair Relaxer Lawsuit Attorney in Texas?
Carter Law Group is a true advocate for its clients and is passionate about helping Texans that have been injured or wronged.
Amy Carter & Carter Law Group’s tremendous courtroom success and well-known dedication to their clients have earned them the recognition of their peers as one of The Top Trial Lawyers in Texas.
The Carter Law Group has assembled a team of trial lawyers with more than 20 years of experience, participation in over 100 jury trials, and over $100 Million in verdicts and/or settlements.
If you have been diagnosed with cancer, uterine fibroids, breast cancer, or other diseases and you used hair relaxers, contact our hair relaxer lawsuit attorney today for a free case review or call (214) 390-4173.
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Although many individuals grew up using hair relaxers, the chemicals in hair relaxers are actually causing more harm than you might think.
The Unpleasant Truth About Using Hair Relaxers
Women of color are becoming more aware of the risks associated with relaxers and are deciding to embrace their natural hair instead. Many people are still unaware of the terrible consequences relaxers may have on both your health and your hair, in addition to your hair.
The Real Story of Hair Relaxers for Black Women
Despite the fact that more women are accepting their natural hair, a sizable portion still uses relaxers on a daily basis.
It is a common fallacy that if a relaxant is burning, it is working. In actuality, however, if a relaxant is burning, it is likely causing more harm than you can ever fathom.
Through our skin, the dangerous chemicals in relaxers wreak havoc with our physical health.
Find out exactly why we should stop using relaxants.
Who Made Hair Relaxers?
Contrary to popular opinion, Garrett Morgan and not Madam CJ Walker invented relaxers. He was a former slave’s son. His initial goal in 1910 was to develop a fresh lubricant for sewing machine needles. He noticed that the hair on his arm started to lay straight after the lubricant unintentionally touched it.
Morgan created a topical hair product for black people to straighten their naturally curly hair by accident chemically. The “Relaxer” was the name of his creation.
What Material Do They Have?
Chemicals used in relaxers work against the natural chemical structure of curly hair. Lye, also known as sodium hydroxide, is the most dangerous component. Users are warned that “substances with high concentrations of lye can inflict chemical burns, lifelong harm or scarring, and blindness” by the soap manufacturer Certified Lye. If swallowed, lye (sodium hydroxide) can be dangerous or even lethal.
Although certain relaxers, like Dark and Lovely, African Pride, and Optimum Care, do not contain lye in their ingredient list, other chemicals are still utilized that are dangerous.
Guanidine carbonate is an additional component. Guanidine carbonate should only be handled under a chemical fume hood, according to Chemicalbook.com. Additionally, succinic acid, a component of relaxers, must to be kept away from skin, clothing, and eyes. The website of the renewable chemical firm Bio-amber warns that succinic acid “may be dangerous if absorbed through the skin.”
The fact that a relaxer comes into contact with the user’s scalp makes this warning shocking.
What Dangers Exist?
According to scientific studies, using the substances present in Black hair care products raises certain red flags. These substances can cause several difficulties and enter our bodies through the scalp.
According to studies, relaxants can lead to serious illnesses such as mental health concerns, early puberty, fibroids, heart disease, several types of cancer, and reproductive issues. It has been discovered that relaxants enter our systems through cuts and burns and alter the chemical equilibrium of our bodies.
Chemicals used in hair relaxers may increase the risk of uterine cancer.
According to an NIH study, Black women may be more impacted because of their higher consumption.
A new study from the National Institutes of Health found that women who used chemical hair straightening products had a greater chance of developing uterine cancer than women who did not disclose using these products. Other hair products, such as hair colors, bleach, highlights, or perms, that the women reported using were not linked to uterine cancer, according to the study.
33,497 American women between the ages of 35 and 74 who took part in the Sister Study, an investigation into the causes of breast cancer and other illnesses led by the National Institute of Environmental Health Sciences (NIEHS), a division of the National Institutes of Health (NIH), are included in the study data. During the nearly 11-year period when the women were monitored, 378 new incidences of uterine cancer were identified.
In comparison to women who did not use hair relaxer products, frequent users—defined as those who used them more than four times in the previous year—were more than twice as likely to later develop uterine cancer.
The risk of developing uterine cancer by the age of 70 was estimated to be 1.64% in women who had never used hair relaxers, but it increased to 4.05% in those who used them frequently, according to lead author Alexandra White, Ph.D., who also serves as the director of the NIEHS Environment and Cancer Epidemiology group. “This rate of doubling is alarming. Uterine carcinoma is a type of cancer that is rather uncommon, so it’s crucial to put this information into perspective.
With 65,950 expected new cases in 2022, uterine cancer is the most prevalent cancer of the female reproductive system and accounts for nearly 3% of all new cancer cases. According to studies, uterine cancer incidence rates have been rising in the US, especially among Black women.
According to a study published in the Journal of the National Cancer Institute, self-identified Black women made up almost 60% of the participants who admitted to using straighteners in the previous year. Despite the fact that the study did not identify a difference in uterine cancer incidence according to race, the negative health impacts may be more severe for Black women due to a higher prevalence of usage.
These results may be even more pertinent for Black women, according to Che-Jung Chang, Ph.D., a research fellow in the NIEHS Epidemiology Branch and one of the study’s authors. “Black women use hair straightening or relaxer products more frequently and tend to start using them at younger ages than other races and ethnicities,” Chang said.
The results are in line with earlier research that suggested women’s use of hair relaxers may raise their chance of developing malignancies linked to hormones.
The brands or contents of the hair products the women used were not gathered by the researchers. The authors of the paper do, however, mention that a number of substances that have been linked to uterine cancer risk (including parabens, bisphenol A, metals, and formaldehyde) have been discovered in straighteners.
Due to increased scalp absorption from using hair products, particularly relaxers, which may be aggravated by burns and lesions from using them, chemical exposure from using hair products, especially straighteners, may be more worrying than from using other personal care items.
According to White, this is the first epidemiological study to look at the connection between using a straightener and uterine cancer. “More study is needed to confirm these results in diverse groups, to assess if hair products contribute to health disparities in uterine cancer, and to identify the precise chemicals that may be raising the risk of malignancies in women,” the authors write.
Permanent hair color and relaxers may raise the risk of breast and ovarian cancer, according to prior research by this team.
National Institute of Environmental Health Sciences (NIEHS) information As a division of the National Institutes of Health, NIEHS promotes study into how the environment affects human health. Visit https://www.niehs.nih.gov for more information about NIEHS or environmental health-related subjects, or join a news list.
The NIH (National Institutes of Health): The United States Department of Health and Human Services contains NIH, the country’s medical research organization, as one of its 27 Institutes and Centers. The National Institutes of Health (NIH) is the main federal organization performing and funding fundamental, clinical, and translational medical research. Its work focuses on finding the causes, prognoses, and therapies for both common and rare diseases. Visit www.nih.gov for more details about the NIH and its activities.
Get Help on Filing a Hair Relaxer Lawsuit Claim Today
If you have been diagnosed with cancer, uterine fibroids, breast cancer or other diseases and you used hair relaxers, contact Carter Law Group for a free case review or call (214) 390-4173.
https://clgtrial.com/wp-content/uploads/The-Real-Story-Behind-Hair-Relaxers-Carter-Law-Group.jpg6301200Amy Carterhttps://clgtrial.com/wp-content/uploads/2019/12/Carter-Law-Logo-Horizontal-.pngAmy Carter2022-11-15 14:39:192022-11-15 16:06:56Hair Relaxers: The Unpleasant Truth
Study Discovers Potential Connection Between Uterine Cancer and Chemicals Used in Popular Hair Straighteners and Relaxers
Using chemical hair relaxers and straighteners increases a woman’s risk of developing uterine cancer, according to a recent study from the US National Institutes of Health (NIH).
On October 17, 2022, the results of the study were released in the Journal of the National Cancer Institute.
Study Specifics
The Sister Study, a sizable, ongoing study searching for risk factors for breast cancer and other health issues, included data from more than 33,000 women.
The study’s female participants were questioned about their usage of various hair products over the course of the preceding year, including hair dyes, straighteners, relaxers, and permanent or body waves.
Women who reported using hair straightening products were nearly twice as likely to have had uterine cancer as those who did not, even after controlling for additional risk factors, following an average of nearly 11 years of follow-up. More than four times in the year prior, frequent straightener users were around 2 12 times more likely to report developing uterine cancer.
The usage of other hair products, such as hair colors, highlights, and perms, did not appear to be associated with uterine cancer, according to the study.
Cancer and Hair Products
In the past, data from the Sister Study have been used to investigate potential connections between hair products and various diseases, particularly tumors that respond to hormones. This covers uterine, breast, and ovarian cancers as well. Endometrial cancers, which begin in the uterine lining, account for the great majority of uterine malignancies or tumors that begin in the uterus.
Specific chemicals used in hair products may be absorbed through the scalp and have estrogen-like effects in the body, raising concerns about potential linkages between some hair products and these cancers. Some hair products may potentially include formaldehyde and other chemicals that have been linked to cancer.
Earlier Sister Study research has also connected using a straightener to a greater risk of breast cancer.
Hair Straighteners Have Bigger Effect on Black Women.
About 60% of the women in the current survey who admitted to using straighteners the year before identified as Black. Although the study did not discover a difference in the risk of uterine cancer based on race, Black women may be more affected because they are more prone to use straightening products.
According to Che-Jung Chang, PhD, one of the study’s authors, “These findings may be even more significant for them because Black women use hair straightening or relaxer products more frequently and tend to start using them at younger ages than other races and ethnicities.”
Setting the outcomes in perspective.
Using hair straighteners frequently increases the risk of developing uterine cancer from 1.64% to 4.05%, according to research by Alexandra White, PhD, head of the NIEHS Environment and Cancer Epidemiology group and study’s lead author. “This rate of doubling is alarming. Uterine carcinoma is a type of cancer that is rather uncommon, so it’s crucial to put this information into perspective.
Additionally, despite discovering a potential connection between the usage of hair straighteners and uterine cancer, the researchers did not draw the conclusion that doing so is what caused the disease. For this link to be verified and/or made clearer, more research on the subject is required.
In order to corroborate these results in various groups, ascertain whether hair products contribute to health disparities in uterine cancer, and pinpoint the precise chemicals that may be raising the risk of cancers in women, more research is required, according to White.
Reducing the risk
Based on the few data so far, some women might decide to use hair straightening treatments less frequently or not at all. For those who are worried, there are additional steps you may take to reduce your risk of developing endometrial cancer, the most prevalent kind of uterine cancer, including:
Achieving and maintaining a healthy weight. Endometrial cancer risk has been associated with obesity (extreme overweight).
Engage in regular exercise. A lower risk of endometrial cancer has been associated with higher levels of physical activity.
Have you filed a lawsuit against a chemical hair straightener?
It has been demonstrated that using chemical hair straightening or relaxer products doubles a woman’s risk of developing uterine cancer. You can be entitled to compensation from a hair straightener lawsuit if you used chemical hair straightening products and afterward developed uterine cancer.
A Missouri lady is suing L’Oréal, Revlon, and other hair straightening companies on the grounds that their products caused her to get uterine cancer.
Just days after a U.S. National Institute of Health (NIH) research revealed that women who frequently used hair straightening products were twice as likely to acquire uterine cancer than non-users, Jenny Mitchell filed her lawsuit in federal court in Illinois.
Later, two additional women in New York and California brought their own complaints. Mitchell’s lawyer, Diandra “Fu” Debrosse Zimmerman of the DiCello Levitt company, is managing an onslaught of such litigation that has been growing and she anticipates it to continue. For a number of cases, Debrosse Zimmerman is collaborating with managing partner Larry Taylor of the Cochran Firm Texas and other legal organizations. Taylor is in charge of matters involving mass torts, employment, crime, and civil rights.
Why Are Manufacturers of Hair Straighteners Being Sued?
According to Mitchell, she started using hair relaxer treatments around the age of eight and maintained using them until March 2022. She was given a uterine cancer diagnosis on August 10, 2018, and six weeks later, had her uterus completely removed, according to the lawsuit.
According to Mitchell’s legal team, her exposure to phthalates and other endocrine disruptors present in the defendants’ hair care products “was directly and proximately caused by her regular and protracted exposure to cancer.”
Other deadly disorders, including endometriosis, uterine fibroids, and preterm births, can be brought on by these complex substances.
The brands under which the hair relaxers are offered include Just For Me, Dark & Lovely, Optimum Care, and Motions, among others.
Mitchell alleges that despite being aware of their potentially hazardous contents since at least 2015, L’Oréal purposefully marketed their hair relaxers to Black women and girls.
The lawsuit’s defendant businesses all either denied requests for interviews or did not do so.
Can Products Used To Straighten Hair Cause Cancer?
33,947 American women between the ages of 35 and 47 who took part in the “Sister Study,” which investigated risk factors for breast cancer and other health issues, were included in the hair straightening study. Uterine carcinoma was discovered in 378 people over the course of over 11 years.
Participants were not questioned by the researchers regarding the manufacturers or components of their hair relaxers. However, they discovered that a number of widely used straightener chemicals might raise the risk of uterine cancer.
They postulated that because relaxers are applied to the scalp and absorbed more quickly through unintentional burns than other beauty treatments, they would be more dangerous.
According to the study’s findings, women who used hair relaxers at least four times in a year had a chance of acquiring uterine cancer by age 70 of about 4%, compared to just 1.6 percent for women who hadn’t used them.
It also mentioned that Black women, who made up just 7.4% of the total participants but almost 60% of those who admitted to using straighteners, had the strongest association between the goods and cancer.
The most prevalent gynecological cancer in the nation is uterine cancer, with rates among Black women rising especially quickly.
Have Hair Straighteners Caused You to Develop Uterine Cancer?
The legal action against the makers of hair straighteners is not the first to center on hair care products.
Proctor & Gamble had to recall Pantene’s dry shampoo in 2021 because it had unsafe quantities of the carcinogen benzene. Customers sued the multi-level marketing beauty company, Monat, in 2018 over hair care products that they claimed included hazardous ingredients that accelerated baldness and caused hair loss.
“Chemical relaxers and straighteners were introduced to us at a young age, as they were to most young African-American girls,” stated Mitchell. To appear a certain way and feel a certain way has become the norm in society. And I am the first of many voices that will rise up against these corporations and scream, “No more.
You might be eligible to join the fight against cosmetic businesses that intentionally utilize harmful chemicals in their goods if you have been diagnosed with uterine cancer and believe it was brought on by your usage of hair straightening products. You can defeat a sizable manufacturer with its own strong insurance and legal team with the aid of an accomplished personal injury lawyer with experience in product liability.
Who May Bring a Lawsuit Against a Chemical Hair Straightener?
Using a chemical hair straightener may qualify you to sue the manufacturer if you:
Applied chemical relaxers or hair straighteners.
Later received a uterine or endometrial cancer diagnosis.
Bringing Legal Action Against Chemical Hair Straightening Products
Unfortunately, this isn’t always the case. When a product is put on the market, it should be safe for people to use.
You can take a stand against the manufacturers of chemical hair straighteners by bringing a lawsuit against them and requesting money damages that will help you pay for your medical care.
At Carter Law Group, we are aware of how trying this must be for you and your loved ones. Our lawyers handle every step on your behalf in an effort to reduce your worry during the legal process.
Your hair straightener lawyers and legal team typically participate in this process because:
Verifying that your situation is suitable for legal action
Developing your argument by gathering proof such as testimony and medical records
Submitting your hair straightener claim before any deadlines imposed by law.
Talking with the defendant in a hair straightener lawsuit settlement(s)
Seeking a decision during a courtroom trial.
Chemical Hair Straightener Verdicts & Settlements
One of two possible outcomes from a chemical hair straightener lawsuit is compensation:
Hair Straightener Settlements: These are known as when your legal team and the defendant(s) can agree on a sum of money as recompense for your injuries.
Trial Verdicts: In the event that a settlement regarding your hair straightener claim cannot be reached, your case may be heard in court at a trial, when a judge or jury will hear the claim and render a verdict.
What to Search for in a Lawyer for Hair Relaxers?
Not every lawyer or law firm have the expertise and assets required to simultaneously file lawsuits against many major cosmetic corporations. These businesses frequently have strong in-house legal departments that may work to safeguard their financial interests and, if feasible, keep them from being held accountable.
Our lawyers at Carter Law Group work to level the playing field between victims and the organizations or businesses that wronged them.
Why do you want to file a hair relaxer claim with Carter Law Group?
Established & Experienced: For more than 20 years, Carter Law Group has defended the rights of aggrieved clients by pursuing restitution and justice.
Millions of Dollars Recovered: Because our staff is dedicated to fighting for the outcomes our customers deserve, we have secured over $100 million in compensating payments to our clients.
Legal Assistance Available Nationwide: Carter Law Group can assist you no matter where you are in the United States. We have offices and attorneys in almost every state as a nationwide product liability legal firm specializing in Hair Straightener cancer claims.
No Hourly Fees or Out-of-Pocket Costs: There is no financial risk in pursuing legal action because our hair relaxer attorneys only get paid if your case results in compensation.
You want a lawyer who will stand up for you, and our team will do just that. Let us use our years of experience to your advantage. For a free case evaluation right away, dial (214) 390-4173.
Help with Lawsuit Filing for Hair Relaxers/Straighteners
Carter Law Group is sincerely committed to helping victims who need assistance the most through our legal services and decades-long commitment to ensuring equal access to the justice system.
You weren’t treated fairly, but we’ll do all in our power to make it right. For more than 20 years, our Law Firm has been proudly speaking up for the powerless in the face of damage.
Let us assist you in holding the businesses that produced and sold these hazardous hair products responsible for their avarice and carelessness.
Two American Airlines attendants recently filed lawsuits against their employer for workplace sexual assault alleging their employer failed to protect them from repeated drunken sexual assaults by an American Airlines pilot, John Nelson. Janette Beckman and Leanne Hansen’s lawsuit calls this
a shocking example of a patriarchal playground where almost exclusively male assets known as pilots are allowed to roam free to assault flight attendants as they please, while American sits idly by.
Ms. Beckman and Ms. Hansen—veteran flight attendants with over 40 years of service—were working a flight departing from Los Angeles, one Nelson was piloting. After departure, Nelson began asking Ms. Beckman for alcohol. When Ms. Beckman denied him, Nelson grew verbally abusive, spewing sexually explicit and sadomasochistic comments at both Ms. Beckman and Ms. Hansen—“I know you like to be tied up,” he taunted. Ms. Beckman stated that he then “grabbed Hansen by her hips, dug his nails into her hip bones and repeatedly pushed against her body.” When reporting Nelson’s behavior, Ms. Beckman and Ms. Hansen were met with apathy from their employer.
Both women eventually left work on stress leave and filed complaints with American Airlines’ human resources department. Even though AA offered them paid leave at first, that offer was retracted and both attendants spent months on unpaid leave while Nelson received paid leave at the same time. After six months Ms. Hansen and Ms. Beckman received a notice from AA explaining that the “appropriate” action had been taken.
But appropriate action had not been taken at all.
In a lawsuit Ms. Beckman and Ms. Hansen filed, they accuse American of allowing “a known sexual predator to drunkenly harass and physically assault lifelong flight attendants who had devoted their entire professional lives to providing excellent service for American’s customers.” The lawsuit states that while it harbored a known sexual predator for years, it left veteran flight attendants “disgraced among their peers and isolated from the company to which they have devoted the past four-plus decades, just because they had the courage to stand up to a pilot who sexually assaulted and harassed them in the workplace.”
This incident proves that, despite the creation of the National In-Flight Sexual Misconduct Task Force in 2018, not much in the legal department has progressed. The Task Force report, published March 2020, detailed ways airlines should improve the reporting process and prevent more incidents, but this flagrant sexual harassment happened months after the report, indicating that airlines may not be taking the report with the appropriate seriousness.
If you or a loved one encounters a situation in which you have been sexually assaulted or abused, contact the Carter Law Group to receive the compensation you deserve.
For the full report by the National In-Flight Sexual Misconduct Task Force, click this link:
Sexual harassment impacts male, transgender, cisgender, and non-binary employees, too. And perpetrators can be of either the same or opposite sex. Carter Law Group passionately advocates for all of its sexual harassment clients – regardless of their gender or their harasser’s gender.
Let’s meet. And let’s right these wrongs. Together.
https://clgtrial.com/wp-content/uploads/2019/12/Carter-Law-Logo-Horizontal-.png00Heather Davishttps://clgtrial.com/wp-content/uploads/2019/12/Carter-Law-Logo-Horizontal-.pngHeather Davis2021-01-15 20:24:002024-02-07 12:54:26Workplace Sexual Assault at 30,000 Feet
Ms. Beckman and Ms. Hansen—veteran flight attendants with over 40 years of service—were working a flight departing from Los Angeles, one Nelson was piloting. After departure, Nelson began asking Ms. Beckman for alcohol. When Ms. Beckman denied him, Nelson grew verbally abusive, spewing sexually explicit and sadomasochistic comments at both Ms. Beckman and Ms. Hansen—“I know you like to be tied up,” he taunted. Ms. Beckman stated that he then “grabbed Hansen by her hips, dug his nails into her hip bones and repeatedly pushed against her body.” When reporting Nelson’s behavior, Ms. Beckman and Ms. Hansen were met with apathy from their employer.