Texas Supreme Court Says EEOC Owes $4.7 Million to Trucking Company for Attorneys Fees

SCOTUS Says EEOC Owes Trucking Co. $4.7M

 

May 24, 2016

After the EEOC’s sexual harassment class action lawsuit against CRST Van Expedited was thrown out, the trucking firm sued for $4.7 million in legal fees. Last week the Supreme Court unanimously agreed that the federal agency must pay the fees, overturning an Eighth Circuit Court of Appeals ruling. In 2007 the EEOC sued CRST on behalf of 250 female truck drivers who claimed they were sexually harassed at work. A district court dismissed all the claims, saying the EEOC had not adequately investigated the claims, nor attempted to conciliate its claims before filing the suit. The Eighth Circuit upheld the lawsuit’s dismissal, but said since claims were dismissed without a ruling on the case’s merits, CRST could not recover fees. The Supreme Court sent the case back for review, saying a favorable ruling on the merits of a case is not a necessary requirement to find that a defendant is a prevailing party.

Read the full article at:

http://www.thegazette.com/subject/news/business/supreme-court-rules-for-crst-in-legal-fee-case-20160519

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas civil litigation attorneys in Tarrant County 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.

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Grace Period for Texas Employers Without Workers’ Compensation Insurance Coverage–Texas Non Subscriber Defense Attorneys

The Texas Department of Insurance, Division of Workers’ Compensation (DWC) is providing a grace period for employers without workers’ compensation insurance coverage or that terminated their coverage (non-subscribers) to report their non-coverage status to DWC without penalty. This grace period also extends to non-subscribers with five or more employees that have not previously reported on-the-job injuries, illnesses, and fatalities to DWC. Historically, non-subscriber reporting rates are low, and DWC is offering this grace period to increase compliance with required state reporting. This grace period allows non-subscribers that have not previously reported their non-coverage status, to submit the DWC Form-005, Employer Notice of No Coverage or Termination of Coverage (DWC Form-005), without an administrative penalty during the February 1, 2016, through April 30, 2016, reporting period.

Additionally, this grace period also allows non-subscribers with five or more employees that have not previously reported their injuries, illnesses, and fatalities, to submit the DWC Form-007, Employer’s Report of Non-Covered Employee’s Occupational Injury or Disease (DWC Form-007) without an administrative penalty for injuries, illnesses, and fatalities occurring on or after May 1, 2016. By law, non-subscribers must annually notify DWC of their decision not to obtain workers’ compensation insurance coverage by submitting the DWC Form-005 and must also report each onthe-job injury, occupational illness, or fatality resulting in more than one day of lost time to DWC by filing DWC Form-007. Nonsubscribers that fail to comply with state requirements are subject to administrative penalties. Non-subscribers can file the DWC Form-005 with DWC online, by fax, or by mail. The DWC Form-007 may be filed by fax or by mail. Non-subscriber Reporting Requirements A non-subscriber must file the DWC Form-005, Employer Notice of No Coverage or Termination of Coverage to DWC:  between February 1 and April 30 each year;  within 30 days of hiring its first employee; or  within 10 days of DWC’s request. Non-subscribers with five or more employees must report each fatality, occupational disease, and onthe-job injury that results in more than one day of lost time to the DWC.

Non-subscribers must submit the DWC Form-007, Employer’s Report of Non-Covered Employee’s Occupational Injury or Disease to the DWC within the seventh day of the month following the month in which:  the death occurred;  the employee was absent from work for more than one day as a result of the on-the-job injury; or  the employer acquired knowledge of the occupational disease. Additional information on non-subscriber reporting requirements is available on the TDI website  at www.tdi.texas.gov/wc/employer/index.html.

 

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas civil litigation attorneys in Tarrant County 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.

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Discrimination Law for Texas Employers–Ft Worth Employment Defense Lawyers

An employer may not fire, demote, harass or otherwise “retaliate” against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. The same laws that prohibit discrimination based on race, color, sex, religion, national origin, age, and disability, as well as wage differences between men and women performing substantially equal work, also prohibit retaliation against individuals who oppose unlawful discrimination or participate in an employment discrimination proceeding.

In addition to the protections against retaliation that are included in all of the laws enforced by EEOC, the Americans with Disabilities Act (ADA) also protects individuals from coercion, intimidation, threat, harassment, or interference in their exercise of their own rights or their encouragement of someone else’s exercise of rights granted by the ADA.

There are three main terms that are used to describe retaliation. Retaliation occurs when an employer, employment agency, or labor organization takes an adverse action against a covered individual because he or she engaged in a protected activity. These three terms are described below.

Adverse Action
An adverse action is an action taken to try to keep someone from opposing a discriminatory practice, or from participating in an employment discrimination proceeding. Examples of adverse actions include:

  • employment actions such as termination, refusal to hire, and denial of promotion,
  • other actions affecting employment such as threats, unjustified negative evaluations, unjustified negative references, or increased surveillance, and
  • any other action such as an assault or unfounded civil or criminal charges that are likely to deter reasonable people from pursuing their rights.

Adverse actions do not include petty slights and annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, “snubbing” a colleague, or negative comments that are justified by an employee’s poor work performance or history.

Even if the prior protected activity alleged wrongdoing by a different employer, retaliatory adverse actions are unlawful. For example, it is unlawful for a worker’s current employer to retaliate against him for pursuing an EEO charge against a former employer.

Of course, employees are not excused from continuing to perform their jobs or follow their company’s legitimate workplace rules just because they have filed a complaint with the EEOC or opposed discrimination.

For more information about adverse actions, see EEOC’s Compliance Manual Section 8, Chapter II, Part D.

Covered Individuals
Covered individuals are people who have opposed unlawful practices, participated in proceedings, or requested accommodations related to employment discrimination based on race, color, sex, religion, national origin, age, or disability. Individuals who have a close association with someone who has engaged in such protected activity also are covered individuals. For example, it is illegal to terminate an employee because his spouse participated in employment discrimination litigation.

Individuals who have brought attention to violations of law other than employment discrimination are NOT covered individuals for purposes of anti-discrimination retaliation laws. For example,”whistleblowers” who raise ethical, financial, or other concerns unrelated to employment discrimination are not protected by the EEOC enforced laws.

Protected Activity
Protected activity includes:

Opposition to a practice believed to be unlawful discrimination
Opposition is informing an employer that you believe that he/she is engaging in prohibited discrimination. Opposition is protected from retaliation as long as it is based on a reasonable, good-faith belief that the complained of practice violates anti-discrimination law; and the manner of the opposition is reasonable.

Examples of protected opposition include:

  • Complaining to anyone about alleged discrimination against oneself or others;
  • Threatening to file a charge of discrimination;
  • Picketing in opposition to discrimination; or
  • Refusing to obey an order reasonably believed to be discriminatory.

Examples of activities that are NOT protected opposition include:

  • Actions that interfere with job performance so as to render the employee ineffective; or
  • Unlawful activities such as acts or threats of violence.
Participation in an employment discrimination proceeding.
Participation means taking part in an employment discrimination proceeding. Participation is protected activity even if the proceeding involved claims that ultimately were found to be invalid. Examples of participation include:

  • Filing a charge of employment discrimination;
  • Cooperating with an internal investigation of alleged discriminatory practices; or
  • Serving as a witness in an EEO investigation or litigation.

A protected activity can also include requesting a reasonable accommodation based on religion or disability.

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas civil litigation attorneys in Tarrant County 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.

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OSHA Fines Texas Employer After Amputation Injury–Texas Employment Law Attorneys

OSHA fines humanitarian relief company in Lubbock after amputation
Breedlove Foods cited for 12 serious safety violations after feed auger debilitates worker

Employer name: Breedlove Foods Inc.

Location: 1818 N. Martin Luther King Blvd., Lubbock, Texas

Date Citation Issued: April 12, 2016

Investigation findings: The U.S. Department of Labor’s Occupational Safety and Health Administration Lubbock Area Office began the inspection Oct.16, 2015, after a feed auger amputated an employee’s hand as the worker performed cleaning work in and around the operating machine. Investigators found that the employer did not provide a safe working environment for its employees. The agency cited Breedlove for 12 serious violations that included:

  • Not having an emergency stop on equipment.
  • Allowing wet floors to create slip hazards.
  • Lacking a lockout/tagout program or procedures to power down machines before cleaning or maintenance.
  • Allowing machines without machine guards.
  • Permitting exit routes and electrical panels to be blocked.

Proposed Penalties:  $50,400.00

View citations at: http://www.osha.gov/ooc/citations/BreedloveFoodsInc_1099610_0412_16.pdf

Background: Breedlove is a commercial-sized non-profit food processor that works to feed hungry people in the U.S. and more than 65 countries. It serves educational and medical institutions, nursing homes, disaster relief operations and impoverished populations abroad.

Quote:  “Breedlove Foods’ focus on humanitarian efforts is commendable. The company, however, must also focus on the safety and health of its employees,” said Elizabeth Linda Routh, OSHA’s area director in Lubbock. “We identified a dozen serious safety violations in our inspection, some of which led to a debilitating injury to an employee. This employer needs to act immediately to address the numerous machine guarding and electrical hazards to protect its workers before another serious injury or worse occurs.”

Information: Breedlove Foods, an international commercial nonprofit food processor, employs approximately 57 workers at its Lubbock facility. The company has 15 business days from receipt of its citations to comply, request an informal conference with OSHA’s area director, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas civil litigation attorneys in Tarrant County 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.

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DOL Orders Orders Back Wages for “Misclassifying” Employees as Independent Contractors –Fort Worth Employment Law Defense Attorneys


Call center provider to pay $150K in back wages for misclassifying hundreds of employees as independent contractors – denying minimum wage, overtime
Firm now classifies all call-center agents as employees

Employer: ViaSource Solutions Inc., formerly INW Contact LLC, a call-center provider to businesses that market products on television infomercials

Location: 223 East Thousand Oaks Blvd., Suite 222, Thousand Oaks, California

Investigation findings: An investigation by the U.S. Department of Labor’s Wage and Hour Division found ViaSource Solutions misclassified hundreds of call-center agents as independent contractors rather than employees, and subsequently denied them minimum wage and overtime for hours they worked, in violation of the Fair Labor Standards Act. The firm also failed to pay employees for time spent in training, creating additional violations of the FLSA.

Resolution:  ViaSource has reclassified all call-center agents as employees and will pay $101,491 in back wages for minimum-wage violations to 435 employees plus $48,893 for unpaid overtime due to 165 employees.

Quote: “The resolution of this investigation of ViaSource Solutions sends a clear message to employers who try to reduce overhead costs at the expense of their workers,” said Kimchi Bui, director of the Wage and Hour Division in Los Angeles. “Whether a worker is an employee or an independent contractor under the FLSA is a legal question, determined by the actual employment relationship – not by any title, or any agreement between an employer and employee. We take worker misclassification very seriously, and will hold employers accountable to classify workers properly and to provide them with all the benefits entitled by law.”

Information: Misclassifying employees as independent contractors or some other nonemployee status often denies them minimum wage, overtime, workers’ compensation, unemployment insurance and other workplace protections. Employers often intentionally misclassify workers to reduce labor costs and avoid employment taxes. For more information about federal wage laws administered by the Wage and Hour Division, or to file a complaint, call the agency’s toll-free helpline at 866-4US-WAGE (487-9243). All services are free and confidential. Information also is available at http://www.dol.gov/whd/.

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas civil litigation attorneys in Tarrant County 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.

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OSHA levies $80K in Fines Against Texas Roofing Company–Texas Roofing Contractor Litigation

OSHA levies $80K in fines for Quick Roofing for repeatedly exposing Conroe, Texas, workers to falls, ladder hazards, eye injuries | United States Department of Labor

OSHA levies $80K in fines for Quick Roofing for repeatedly exposing Conroe, Texas, workers to falls, ladder hazards, eye injuries
Employer has been cited six times in three years for same or similar violations

Employer name: Quick Roofing LLC

Inspection Site: 628 Maple Point Drive, Conroe, Texas

Citations issued: April 14, 2016

Investigation findings: On Nov. 23, 2015, after witnessing three roofers at work at a site in Conroe not using fall protection systems, U.S. Department of Labor Occupational Safety and Health Administration inspectors began an investigation of their employer, Quick Roofing LLC. The inspectors found one serious and four repeat violations dealing with fall, ladder, and eye hazards. The Texas roofing company has an extensive history with OSHA for repeatedly exposing workers to fall and ladder hazards. The agency previously cited Quick Roofing for the same or similar violations in:

  • Dallas in December 2015
  • San Antonio in October 2015
  • Austin in September 2015
  • Fort Worth in July 2014 and February 2013

Proposed Penalties: $80,280

Quote: “Falls from roofs and ladders can debilitate or kill workers,” said Joann Figueroa, OSHA’s area director in the Houston North office. “Quick Roofing’s continued history of ignoring federal safety standards must end. OSHA will not tolerate employers that repeatedly ignore commonsense safety requirements.”

Link to the citations:http://www.osha.gov/ooc/citations/QuickRoofingLLC_1107565_0414_16.pdf

Background: In 2014, more than 800 workers died after falling. From May 2-6, 2016, construction employers and employees across the country will stop work for a few hours to learn more about how to recognize and prevent fall hazards. The National Safety Stand Down to Prevent Falls in Construction web site has information, materials and programs designed to help save lives.

Quick Roofing has 120 workers at its headquarters in Kennedale and has facilities in Austin, San Antonio, and Katy. The company has 15 business days from receipt of its citations to comply, request an informal conference with OSHA’s area director, or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas civil litigation attorneys in Tarrant County 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.

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Leave Benefits–United States Department of Labor–Texas Employment Lawyers

Many companies offer leave benefits that allow employees to take time off from work for various reasons. Leave benefits — whether paid, unpaid or partially paid — are generally an agreement between the employer and employee, or employees representative (such as a union).

Family and Medical Leave Act The Family and Medical Leave Act provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

Fair Labor Standards Act While certain types of leave are required by law, other types are voluntary incentives provided by employers. There is a common misconception that Department of Labor regulates leave benefits through the Fair Labor Standards Act. But, the FLSA only covers certain types of leave.

In fact, there are a number of employment practices which FLSA does not regulate. For example, it does not require:

  • Vacation, holiday, severance, or sick pay
  • Meal or rest periods, holidays off, or vacations
  • Premium pay for weekend or holiday work
  • Pay raises or fringe benefits
  • Discharge notice, reason for discharge, or immediate payment of final wages to terminated employees.
The Employee Benefits Survey (EBS) of the Bureau of Labor Statistics (BLS) covers the incidence and characteristics of employee benefits.

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas civil litigation attorneys in Tarrant County 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.

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Government Contractors and Subcontractors Coverage and Compliance Issues–EEOC and Department of Labor

The Federal Contractor Compliance Advisor helps Federal contractors and subcontractors understand basic coverage and compliance information on equal employment opportunity laws and regulations enforced by the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP). Employees, job applicants and others may also find this Advisor useful for learning about the basic obligations of Federal contractors and subcontractors.

The following three equal employment opportunity laws are enforced by OFCCP:

Executive Order 11246, as amended (E.O. 11246) prohibits discrimination and requires affirmative action to ensure that all employment decisions are made without regard to race, color, religion, sex or national origin.

Section 503 of the Rehabilitation Act of 1973, as amended (Section 503) prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action in the employment of qualified individuals with disabilities.

The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended (VEVRAA) prohibits discrimination against specified categories of veterans protected by the Act and requires affirmative action in the employment of such veterans.

OFCCP monitors compliance with these equal employment opportunity laws and their corresponding affirmative action requirements primarily through compliance evaluations, during which a compliance officer examines the contractor’s affirmative action program and employment practices. OFCCP also investigates complaints filed by individuals alleging discrimination by Federal contractors and subcontractors on the basis of race, color, sex, religion, national origin, disability or status as a protected veteran.

The Federal Contractor Compliance Advisor is one of a series of elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors developed by the U.S. Department of Labor (DOL) to help employers and employees understand their rights and responsibilities under Federal employment laws. To view the entire list of elaws Advisors please visit the elaws website. To learn more about DOL’s efforts to enforce, for the benefit of job seekers and wage earners, the contractual promise of affirmative action and equal employment opportunity required of those who do business with the Federal government, visit the Office of Federal Contract Compliance Programs (OFCCP) website.

 

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas civil litigation attorneys in Tarrant County 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.

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Entrepreneurship: A Flexible Route to Economic Independence for People with Disabilities

U.S. Department of Labor — ODEP – Office of Disability Employment Policy – Entrepreneurship: A Flexible Route to Economic Independence for People with Disabilities

The number of small businesses and their impact on the nation’s economy is on the rise. According to the U.S. Small Business Administration (SBA), there were nearly 23 million small businesses in the U.S. in 2002, representing 99.7 percent of the nation’s total number of employers. Collectively these businesses employ half of the private sector workforce, pay 44.3 percent of the total U.S. private payroll and generate 60 to 80 percent of new jobs annually.

These shifts and the rapid advances in technology that accompanied them have made entrepreneurship an increasingly popular and practical option for many people, including people with disabilities. Today more than ever, small business ownership and other self-employment options have the power to lower the traditionally high unemployment rate among people with disabilities and help them achieve economic independence.

Benefits of Entrepreneurship

Many people with disabilities, particularly those in rural areas where jobs are often scarce, have already created opportunities for themselves through entrepreneurship. In fact, according to the U.S. Census Bureau, people with disabilities are nearly twice as likely to be self-employed as the general population, 14.7 percent compared to 8 percent. Some of the benefits these individuals enjoy include:

  • Independence and the opportunity to make their own business decisions
  • The ability to set their own pace and schedule
  • Reduction of transportation problems when a business is home based
  • Continued support from Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), including health care, when income and assets are within these programs’ requirements

Addressing Barriers to Self-Employment

People with disabilities often confront barriers when attempting to start entrepreneurial ventures. For example, they may not be able to access the capital needed to start a business because they lack satisfactory credit or assets to use as collateral for a loan. Also, they may not have the information and resources they need to develop an effective business plan.

Increasingly, traditional public service providers such as vocational rehabilitation (VR) professionals and workforce development professionals are implementing strategies and establishing partnerships with other public and private sector organizations to advance entrepreneurship as an effective route to economic independence for their clients. Through creative thinking and leveraging of existing resources, they are helping break down these barriers. For example:

  • The Social Security Administration’s (SSA) Plan for Achieving Self-Support (PASS) program allows people with disabilities receiving SSI benefits to set aside money and resources to help achieve a particular work goal, including self-employment.
  • The Ticket-to-Work program connects SSI and SSDI beneficiaries with Employment Networks (EN) for training and other support services needed to achieve their employment goals, including self-employment.
  • More than 1,100 Small Business Development Centers (SBDC) offer free or low-cost counseling, training and technical assistance to individuals seeking to start their own business in communities across the nation.
  • The Service Corps of Retired Executives (SCORE), comprising more than 10,000 counselors at 389 offices nationwide, provides free small business start-up advice through one-on-one counseling, group workshops and online resources.
  • Local One-Stop Career Centers funded through the U.S. Department of Labor’s (DOL) Employment and Training Administration (ETA) assist people in training for and obtaining employment, including self-employment.

In addition, many non-traditional resources may provide assistance to entrepreneurs with disabilities in turning their business ideas into operating businesses:

  • Microboards consist of family members, advocates and others who come together to support a particular individual’s self-employment goal.
  • Microenterprise organizations include capital development corporations, community and faith-based organizations, microloan funds and venture capital firms that offer access to capital and business planning expertise.
  • Business incubators are physical facilities that assist small businesses in getting started by providing office space, shared meeting rooms and necessary computer and other equipment such as phones, fax machines, and copiers.
  • Individual Development Accounts (IDA) are matched-savings accounts that can help certain people save to buy a home, further education or start a business. There are more than 500 IDA programs, including credit unions and community banks.

Success Stories

The SBA’s Alpha Entrepreneur Program has identified several successful entrepreneurs with disabilities, including the following:

Bob Douglas, President and Founder, National Center for Therapeutic Riding

After being diagnosed with multiple sclerosis in the early 1970s, Mr. Douglas, who uses a wheelchair and is partially blind, decided to take his future into his own hands and started a pilot program with Washington, DC public schools to provide specialized horseback riding instruction to students in special education classes. The program succeeded and in 1980 became known as the National Center for Therapeutic Riding (NCTR), a non-profit dedicated to serving individuals with disabilities through therapeutic riding . Since its inception, NCTR has served more than 6,000 individuals.

Fred Cherry, President and CEO, Cherry Engineering Support Services, Inc. (CESSI)

Mr. Cherry, a retired U.S. Air Force Colonel , founded CESSI, a small, disadvantaged minority-owned business, in 1992. The company provides expertise in information technology, disability policy and services, research, program and conference management, and accessible technology to a range of clients. A highly decorated veteran of both the Korean and Vietnam wars, Mr. Cherry spent more than seven years as a prisoner of war in Vietnam after ejecting from his aircraft and sustaining multiple injuries to the left side of his body. Upon retiring from the military, he worked for three different firms before deciding to start his own business.

Ann Morris Bliss, President, Ann Morris Enterprises, Inc.

In 1985, Ms. Morris Bliss developed a mail order catalogue company that sells a wide range of innovative products for people with vision loss. The company generates more than half a million dollars in revenue and over the years has employed a number of people, including individuals with disabilities. Ms. Morris Bliss is completely blind from a process that began from complications at birth.

Resources

A number of resources are available to assist individuals with disabilities in exploring options for entrepreneurship:

Small Business and Self-Employment Service (SBSES)

1-800-526-7234 or 1-800-232-9675 (V/TTY)

SBSES is service from the U.S. Department of Labor’s Office of Disability Employment Policy that provides advice and referrals to entrepreneurs with disabilities who are interested in starting their own business or exploring other self-employment options. The SBSES Web site includes links to other entrepreneurship sites, including the SBA and state VR programs.

Small Business Administration (SBA)

1-800-U-ASK-SBA (1-800-827-5722) (V); 1-704-344-6640 (TTY)

SBA sponsors a variety of programs and resources to assist entrepreneurs with disabilities start and grow their businesses, including the nationwide network of SBDCs that offer free or low-cost one-on-one counseling to help potential entrepreneurs with planning, financing, management, technology, government procurement and other business-related areas.

Social Security Administration (SSA)

1-800-772-1213 (V); 1-800-325-0778 (TTY)

SSA provides information about disability cash benefit programs, employment support programs and where beneficiaries can get the services they need to successfully enter the workforce or self-employment.

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas civil litigation attorneys in Tarrant County 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]

Stanley Martin Companies, LLC Sued By EEOC For Pay Discrimination–Texas Employment Law Defense Attorneys

Female Purchasing Manager Was Paid Less Than Males in the Same Position, Federal Agency Charges

WASHINGTON – Stanley Martin Companies, LLC, one of the largest homebuilders in the Mid-Atlantic Region, violated federal law by failing to promote a qualified female employee to a purchasing manager position and then paid her less than her male coworkers after promoting her, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.

EEOC alleged Carrie Smith began working as a budget analyst at Stanley Martin’s office in Reston, Va., in January 2013. After being hired, Stanley Martin assigned Smith to perform purchasing manager duties but would not pay her the same salary paid to male purchasing managers or promote her to the position. When Stanley Martin finally promoted Smith to the purchasing manager position, she was paid less than the male purchasing managers.

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex, including pay discrimination and in making promotion decisions. The Equal Pay Act of 1963 also prohibits compensation discrimination based on sex. EEOC first attempted to reach a pre-litigation settlement through its conciliation process before filing suit in U.S. District Court for the Eastern District of Virginia, Alexandria Division (EEOC v. Stanley Martin Companies, LLC, Civil Action No. 1:15-cv-01246-AJT-IDD).

Washington Field Office Acting Director Mindy Weinstein said, “Unfortunately, pay discrimination remains a serious problem in the workplace. The Commission will take strong action to eradicate gender-based pay disparities and other gender-based barriers to equal employment opportunity.”

“Ms. Smith was doing equal work and had the same job responsibilities as the male purchasing managers, so she was entitled to equal pay,” said EEOC Regional Attorney Debra M. Lawrence.

Enforcement of equal pay laws and targeting compensation systems and practices that discriminate based on gender is of one of six national priorities identified by EEOC’s Strategic Enforcement Plan.

EEOC’s Washington Field Office has jurisdiction over the District of Columbia and the State of Virginia counties of Arlington, Clarke, Fairfax, Fauquier, Frederick, Loudoun, Prince William, Stafford and Warren, and the State of Virginia independent cities of Alexandria, Fairfax City, Falls Church, Manassas, Manassas Park and Winchester.

EEOC enforces federal laws prohibiting employment discrimination. Further information about the agency is available at its website, www.eeoc.gov.

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas civil litigation attorneys in Tarrant County 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.

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