transgender workers

Protections for Transgender Workers Are at Risk

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As an employment discrimination lawyer, I’ve spent years fighting for the rights of marginalized workers, including the LGBTQ+ community. So, when I heard about Texas’s lawsuit against the Equal Employment Opportunity Commission (EEOC) regarding transgender workers’ rights, I was not surprised, but disappointed. It’s yet another move by the conservative right to delegitimize the trans identity and the trans experience. 

transgender workers

If you’re unfamiliar with the case, in April of this year, Texas Attorney General Ken Paxton and The Heritage Foundation, a conservative think tank, challenged federal guidance issued by the EEOC, which enforces workplace anti-discrimination laws like Title VII of the Civil Rights Act. Specifically, the EEOC’s guidance interprets Title VII to prohibit discrimination based on sexual orientation and gender identity, including protections for transgender employees. 

Its updated 2024 guidelines aim to more clearly define harassment in the workplace for transgender workers and their rights. They state that it is considered unlawful workplace harassment when an employer denies accommodation to an employee based on gender identity. These violations could look like 

  • Repeatedly refusing to use or purposefully mistaking a person’s pronouns; 
  • Banning an employee from using the bathroom of their gender identity, and 
  • Harassing someone for not presenting themselves in a manner that is stereotypically associated with that person’s sex. 

Two weeks after the guidance was published, 18 states, led by Tennessee, filed lawsuits against the EEOC, stating that the commission has no authority to make these kinds of amendments because they were not approved by Congress.  

One week after Tennessee sued the EEOC, Texas AG Ken Paxton joined the party with very similar reasons to the other states but also citing a violation of state sovereignty. In the suit, Texas cited multiple previous decisions that support their move for dismissing the guidance. 

Background: The Bostock Decision and 2021 Guidance 

To understand the stakes, it’s important to go back to 2020, when the U.S. Supreme Court issued a landmark ruling in Bostock v. Clayton County. In that decision, the Court held that Title VII’s prohibition on sex discrimination extends to sexual orientation and gender identity. In other words, it’s illegal under federal law to fire someone for being gay or transgender. This was a major victory for LGBTQ+ rights, but the decision didn’t cover every issue that might come up in the workplace. 

In fact, what Paxton and his legal team have jumped on is that the Court specifically decided not to make any rulings about policies relating to bathrooms, dress code or pronouns. 

That’s where the EEOC’s 2021 guidance comes in. Following the Bostock ruling, the EEOC expanded on what workplace protections should look like for transgender employees, very similar to their guidance in 2024. Ken Paxton and his team filed suit for this one as well and, more importantly, won their case. Again, not surprised, but disappointed given that the judge of the case was handpicked by Donald Trump.  

What is important to grasp is that the dismissal of the 2021 Guidance has grave implications for the most recent lawsuit. The Texas Attorney General is bringing this case to the same court that already threw out similar EEOC guidance two years ago, so there’s a good chance the court might strike down the guidance again. And under the new Trump administration, which has openly opposed expanding trans rights, who knows what could happen. They could even go as far as issuing a nationwide order to stop the enforcement of gender identity rules altogether. 

The Human Impact 

Of course, it’s still hard to say how it will play out. But one thing is clear: this case could have wide-reaching implications for the rights of transgender employees across the country. 

As a lawyer representing employees who face discrimination, I see the real-world effects of these legal battles. Discrimination isn’t an abstract concept, it’s something that affects people’s everyday lives, livelihoods, and mental health. Transgender employees already face higher rates of workplace discrimination, harassment, and job loss compared to their cisgender counterparts. 

Lawsuits like this one from Texas send a dangerous message: that it’s acceptable to deny transgender individuals their basic rights in the workplace. It’s a move that could lead to increased stigmatization and discrimination, especially in states that are more hostile to LGBTQ+ rights. 

It’s not about convenience or personal preferences of employers or co-workers; it’s about ensuring that transgender employees are treated with dignity and respect, just like anyone else. When states push back against protections like those in the EEOC’s guidance, they’re effectively saying that transgender employees don’t deserve the same level of respect and fairness as everyone else. 

In the end, this is more than just a legal fight—it’s about standing up for the basic human rights of transgender employees. And as long as states and employers continue to challenge those rights, lawyers like me will keep fighting back. 

If you believe you are a victim of discrimination or harassment at work, contact the lawyers at Carter Law Group to fight for you and your rights. Call us today or submit a questionnaire to begin your consultation. 

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overtime pay

Expecting Overtime Pay in the New Year? Think Again.

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overtime pay
The fight for fair overtime pay has taken a disappointing turn, leaving millions of workers and employers in limbo. Just months after new regulations promised to raise the salary threshold for overtime eligibility—a move hailed as a major win for American workers—a federal judge in Texas has thrown a wrench into the plan.  

On November 15, 2024, Judge Sean Jordan struck down the Department of Labor’s (DOL) updated rules, arguing that they overstepped authority by prioritizing salary levels over job duties. The decision not only halts a planned increase in January 2025 but also rolls back changes already implemented in July 2024. As a result, businesses nationwide are scrambling to adjust, with tough decisions ahead about how to navigate the fallout. 

If you’re a salaried worker in the U.S. making between $35,568 to $58,656 a year ($684-$1,128 per week), you may have just lost your overtime for the New Year.  

How Do I Know If I’m Affected? 

The Fair Labor Standards Act (FLSA) sets rules for who qualifies for overtime pay—typically, time-and-a-half for any hours worked over 40 per week. For most hourly workers, the rule is straightforward: work extra, get extra. But salaried employees? It’s not that simple. 

The DOL says that if you’re an executive, administrator, or professional meeting specific criteria, you qualify for the “white-collar exemption” and do not receive overtime pay. To figure out if you’re in that group, there’s a three-prong test: 

  1. You’re paid on a salary basis: Your paycheck is the same no matter how many hours you work. 
  1. Your job duties meet exemption standards: Think managers, high-level decision-makers, and specialized professionals like doctors or lawyers. 
  1. You earn more than a specific salary threshold: This is the hotly debated number. 

In 2019, the threshold was set at $35,568 per year (roughly $684 per week, or about $17/hour). If you made less than this, you did not meet the “white-collar exemption and were entitled to overtime pay. But what happens when the cost of living goes up, and that threshold doesn’t? 

The DOL’s Push to Expand Overtime  

In April 2024, the DOL decided it was time for a change. They announced plans to raise the salary threshold in two steps: 

  • July 1, 2024: $43,888 annually 
  • January 1, 2025: $58,656 annually 

These changes were set to make millions of workers eligible for overtime pay—an estimated 4 million nationwide. The DOL also wanted to avoid this back-and-forth debate by introducing automatic updates every three years. 

For many, this was a win. Workers earning between $35,568 and $58,656 would no longer be exempt, meaning they could finally claim overtime pay for those grueling 50- or 60-hour workweeks. Employers? Well, they’d have to make adjustments—either paying overtime, raising salaries above the new threshold, or cutting back on hours to dodge extra costs. 

Texas Sues the DOL 

Just as workers were adjusting to the $43,888 threshold, the regulations hit a major roadblock. On November 15, 2024, a federal judge in Texas, Judge Sean Jordan ruled in favor of Texas in a lawsuit and struck those regulations down. 

He found that the DOL did not have the authority to make these changes. He believed that focusing so heavily on salary thresholds ignored the job responsibilities that define whether someone is truly “exempt.”  

The ruling rescinded both the July 2024 increase and the planned January 2025 bump. Overnight, not only Texas workers, who thought they were finally eligible for overtime, but also millions of workers nationwide lost that eligibility. 

What Happens Now? 

With the judge’s ruling, the overtime threshold reverts to the 2019 level: $35,568. Employers and employees alike are left scrambling to figure out what this means. 

Some employers might start requiring salaried workers to track their hours, a move that could feel frustrating to professionals who’ve enjoyed flexibility. Others might cut salaries or restructure job roles to maintain their bottom lines. Without the higher thresholds, many are expecting to go back to long hours without extra pay.  

Of course, the DOL could appeal Judge Jordan’s ruling. But the clock is ticking. There may not be enough time for the appeal to be heard before Donald Trump’s return to the White House in January 2025. And it’s unlikely his administration will push for a higher threshold. After all, Trump’s previous DOL settled on a threshold that was far below Obama’s proposal. 

What Should Workers and Employers Do? 

For workers: Know your rights. If your salary falls below the $35,568 threshold, you’re entitled to overtime pay, regardless of your job title. Keep an eye on legal updates—obviously, things can change quickly. 

For employers: Plan ahead. Even if the threshold increase is on hold for now, it’s clear that changes to overtime rules are a priority for many policymakers. Proactively evaluating roles, salaries, and workloads can help you stay ahead of the curve. 

Get Legal Help 

From a legal standpoint, this change, while disheartening, is not surprising. Employment discrimination lawyers have a key role in ensuring that all employees, especially the most vulnerable, are treated fairly as businesses adapt to these changes. Denying overtime privileges can be a form of discrimination in certain circumstances. If you believe you have been discriminated against at work, contact Carter Law Group or fill out our questionnaire.  

 
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transgender workers

Protections for Transgender Workers Are at Risk

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wrongful termination

What is Wrongful Termination?

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I get a lot of calls from people who think they were wrongfully terminated. It’s a buzzword that gets thrown around, but the truth is, it’s a lot more complicated than most people think. The concept of “wrongful termination” seems straightforward — getting fired for no good reason.    Texas employers can actually fire you for […]

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The Lilly Ledbetter Fair Pay Act: A Milestone Achieving Pay Equity, But the Struggle Continues

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One of the greatest battlegrounds in equal pay was marked by President Barack Obama when he signed into law the Lilly Ledbetter Fair Pay Act in January 2009. Named for Lilly Ledbetter whose story, a woman battling unequal pay for twelve years and her unyielding search for justice gripped the country, this Act renewed the fight against pay discrimination. Nonetheless, even as the Act itself represents a pivotal moment in labor rights history, ongoing disparities in pay between the sexes and races suggest that very much remains to be done.

One of the greatest battlegrounds in equal pay was marked by President Barack Obama when he signed into law the Lilly Ledbetter Fair Pay Act in January 2009.

President Barak Obama Signing the Lilly Ledbetter Equal Pay Bill in the East Room.

Lilly Ledbetter’s Story: The Catalyst of Change and Beginning of the Fair Pay Act

Lilly Ledbetter worked in the Goodyear Tire and Rubber Company for almost twenty years until she found out that the pay that she received was still relatively lower compared to those of the same offices managed by men. Finally, after a brave and protracted legal battle following a loss because of the statute of limitation, her case reached the Queensland Supreme Court. That decision spotlighted a hugely important loophole in employment law: the clock on the statute of limitations began to run with the employer’s original decision to pay her less, not from each discriminatory paycheck she received.

The Lilly Ledbetter Fair Pay Act: Closing a Critical Loophole

It was to hold this particular injustice accountable that the Lilly Ledbetter Fair Pay Act became enacted. It amended the Civil Rights Act of 1964, providing that the 180-day statute of limitations for filing an equal-pay lawsuit based on discrimination resets with each new paycheck affected by that discriminatory action. This marked a monumental shift change acknowledging pay discrimination and covering its mostly covert nature within organizational context.

Effect of Lilly Ledbetter Fair Pay Act

This legislation allowed employees to go back up to six years in order to file suit against discriminatory wages, and since the inception of this legislation, mostly women and minority groups can challenge discriminatory wages. It’s increased employer knowledge of this significance relating to equitable pay and it has roused more public dialogue relative to compensation. But the Act addresses one’s ability to sue for compensation disparities, it doesn’t naturally solve insidious problems that lead to inequitable pay.

It’s a start, certainly. But we’re nowhere near the finish line.

 

Continuing Disparities and the Road Ahead – The Fair Pay Act Was Just the Starting Line

Although the given improvement is great, the gender payment gap remains ever strong. Recent research shows that women still get 82 cents per every dollar men earn, and for women of color – this number turns out even more tremendous.

  1. African American Women: African American women typically earned approximately 63 cents for every dollar earned by white, non-Hispanic men. This gap is even more pronounced in certain professions and regions.
  2. Hispanic or Latina Women: Hispanic or Latina women faced one of the widest gaps, earning on average just 55 cents for every dollar earned by white, non-Hispanic men. This disparity reflects both gender and ethnic wage gaps.
  3. Native American Women: Native American women earned about 60 cents on the dollar compared to white, non-Hispanic men. This group often faces unique challenges due to geographical and tribal diversity, which can further impact income levels.
  4. Asian American Women: The wage gap for Asian American women varied significantly by ethnicity. Overall, they earned roughly 85 cents for every dollar earned by white, non-Hispanic men. However, this average masks lower wages for specific groups within the Asian American community, like Vietnamese or Filipino women.
  5. Pacific Islander Women: Women from Pacific Islander backgrounds also experienced a significant wage gap, although specific statistics can vary. They generally earned less than white, non-Hispanic men, with disparities influenced by factors like location, education, and specific occupation.
  6. Multi-Racial Women: Women who identify as multi-racial or multi-ethnic often experience wage gaps that reflect the complex interplay of race and gender in wage settings. Their earnings relative to white, non-Hispanic men varied widely depending on their specific racial and ethnic makeup.

One of the greatest battlegrounds in equal pay was marked by President Barack Obama when he signed into law the Lilly Ledbetter Fair Pay Act in January 2009.

Lilly Ledbetter photographed advocating for Equal Pay for Equal Work.

More work must be done – that cannot be denied.

  1. Further Improved Pay Transparency: Improved translucency of compensational practices which identify and address pay inequities at the systemic level, results in increasing levels of pay.
  2. Strengthened Mechanisms for Enforcement of Existing Laws: perhaps the commitment of more resources towards the relevant agencies like the Equal Employment Opportunity Commission (EEOC) may be able to ensure better enforcement of existing laws.
  3. Pay Equity Legislation: This, for instance, includes higher-rank legislation in which deals with the inherent causes of wage inequity such as raising the wage and assuring pay equity value.
  4. Public Awareness and Corporate Accountability: There is no doubt that the campaign for pay equity in the corporate world has hit the center stage in public discourse and remaining alert towards making corporations accountable for proper dispensation in terms of pay is of critical importance.

The Lilly Ledbetter Fair Pay Act was a historic turn of events on the broader efforts of pay equity and this had far-reaching implications for the fair pay supporters. But, it is just one small step on a much longer march. True pay equity should continue to be worked with, legislated for, and committed at large from the participating society.

While strides are celebrated; let us also recognize the path ahead and collective act together ensuring fair pay for all.

If you’re interested in reading the full Lilly Ledbetter Fair Pay Act, you can access it in its entirety here: https://www.congress.gov/bill/111th-congress/senate-bill/181

If you feel you may be the victim of wage or gender discrimination, reach out to one of our expert wage discrimination and gender discrimination attorneys here: https://clgtrial.com/employment-intake-questionnaire/

Texas Commission on Human Rights Act (TCHRA): What Is It And How Does It Affect Texas Employees?

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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.

To set up a consultation, just submit our Employment Intake Questionnaire.

Sexual Assault in the Workplace: The 7 Risks Teenagers Face

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Teenage workers are at increased risk of sexual assault and sexual harassment in the workplace.

Teenagers entering the workforce are often faced with a unique set of challenges and vulnerabilities, one of which is the increased risk of experiencing sexual assault and harassment.  In fact, the U.S. Equal Employment Opportunity Commission (EEOC) lists young workers as a key risk factor of workplace sexual harassment.  As they navigate the transition from school to employment, it’s crucial to recognize the factors that make teenagers in the workplace particularly vulnerable to these distressing situations. In this blog article, we will explore the reasons behind this vulnerability and discuss the importance of addressing and preventing sexual assault and harassment in the workplace.

Limited Experience and Knowledge: 

One of the key factors that make teenagers in the workplace vulnerable to sexual assault and harassment is their limited life and work experience. Often entering their first job, they may not fully understand their rights or recognize inappropriate behavior. This lack of experience can lead to confusion, making it easier for perpetrators to take advantage of their naivety.

Power Imbalance:

In many workplaces, there’s a distinct power imbalance between teenage employees and their supervisors or older colleagues. This power dynamic can be exploited by those in positions of authority, making teenagers feel powerless to report or resist harassment or assault. Fear of retaliation or job loss further silences young victims.

Peer Pressure:

Teenagers in the workplace may face pressure from their peers to conform to unhealthy workplace norms. They may hesitate to speak out about harassment or assault for fear of being ostracized by coworkers or labeled as troublemakers. Peer pressure can contribute to a culture of silence that allows harassment to persist.

Inadequate Training and Education:

Workplaces often lack comprehensive training and education programs for employees, especially younger workers. This leaves teenagers uninformed about what constitutes harassment or assault and how to report such incidents. Improved training can empower them to identify and address problematic behavior.

Financial Dependence:

Teenagers may rely on their jobs to support themselves or help their families financially. This financial dependence can create a sense of desperation to keep their jobs, even in the face of harassment or assault. Fear of job loss can trap them in abusive situations.

Limited Support Systems:

Teenagers may lack a strong support system at work, as they may not have established relationships with coworkers. Isolation can make them more vulnerable to harassment or assault and less likely to have allies who can help them navigate these difficult situations.

Stigmatization and Victim-Blaming:

Society often stigmatizes victims of sexual assault and harassment, blaming them for what happened. This stigma can be especially harmful to teenagers who may already be dealing with societal pressures, body image issues, and self-esteem challenges. The fear of being judged or blamed may deter them from reporting incidents.

It’s crucial to recognize and address the vulnerability of teenagers in the workplace to sexual assault and harassment. By acknowledging these risks and working to create safer, more supportive work environments, we can protect the rights and well-being of young workers. Employers, educators, and society as a whole must take steps to educate teenagers about their rights, provide support, and foster a culture that prioritizes respect and safety in the workplace. Empowering teenagers to speak out against harassment and assault is essential in creating a more inclusive and secure work environment for all.

For more information on sexual harassment in the workplace, go to Sexual Harassment | Carter Law Group (clgtrial.com)

Dallas sexual harassment and sexual assault lawyers at Carter Law Group are ready to build a strong and effective case for you. Contact us today. Call (214) 390-4173

 

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