New ‘Digest of EEO Law’ Issued By EEOC

Includes Key Federal Sector Decisions and Special Article on National Origin Discrimination

WASHINGTON — The U.S. Equal Employment Opportunity Commission (EEOC) today announced that the newest edition of the federal sector Digest of Equal Employment Opportunity Law (EEO Digest) is now available online.

The EEO Digest, a quarterly publication prepared by the EEOC’s Office of Federal Operations (OFO), features a wide variety of recent Commis­sion decisions and federal court cases of interest. This particular edition includes summaries of note­worthy decisions issued by the EEOC on subjects such as Attorneys’ Fees, Compen­satory Damages and Remedies.  It also includes an article addressing national origin discrimination.

“Given the ethnically diverse nature of the current workforce, it is important for agencies to recognize that all employees and applicants, no matter what country they are from or ethnic group they belong to, are entitled to a workplace free from discrimination,” said Carlton M. Hadden, director of the EEOC’s Office of Federal Operations (OFO).  “This article will assist stakeholders in their efforts to prevent national origin discrimination.”

The Digest includes hyperlinks so stakeholders can easily access the full decisions that have been summarized.

The summaries are neither intended to be exhaustive or definitive as to the selected subject matter, nor are they to be given the legal weight of case law in citations. In addition to the quarterly Digest, Commission federal sector decisions are available on the EEOC’s website.

The public may also receive federal sector information updates and news items via GovDelivery and Twitter.  The EEOC enforces federal laws prohibiting employment discrimination in the public and private sectors. Further information about the EEOC is available online at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

See article at https://www.eeoc.gov/newsroom/new-digest-eeo-law-issued-eeoc-25

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

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The Time Notice Rule in Slip and Fall Defense Litigation in Texas

The mere fact that a store employee is simply in close proximity to a dangerous or hazardous condition does not replace what is called in Texas, “the time-notice rule”. Constructive knowledge of a dangerous condition can be shown by proof that the dangerous or hazardous condition in dispute had existed for a reasonably long enough period of time  that the premises owner reasonably should have discovered it. This is known as the “time-notice rule,” and the Texas Supreme Court has repeatedly held that “temporal evidence best indicates whether the owner had a reasonable opportunity to discover and remedy a dangerous condition.” As the Texas Supreme Court stated in Wal-Mart Stores, Inc. v. Reece, 81 SW.3d 812, 816 (Tex. 2002):

An employee’s proximity to a hazard, with no evidence indicating how long
the hazard was there, merely indicates that it was possible for the
premises owner to discover the condition, not that the premises owner
reasonably should have discovered it. Constructive notice demands a more
extensive inquiry. Without some temporal evidence, there is no basis upon
which the factfinder can reasonably assess the opportunity the premises
owner had to discover the dangerous condition.

Without the time related requirement of the, owners of real property could be subject to strict liability claims for any dangerous or hazardous condition on the premises, which would be in itself unreasonable.

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]

Texas Deposition Witness Takes Oath Seriously

LAWYER: Now sir, I’m sure you are an intelligent and honest man–
WITNESS: Thank you. If I weren’t under oath, I’d return the compliment.

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Martindale AVtexas[2]