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.
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.
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.
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.
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.
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.
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.
The Revised Statutes are amended by inserting after section 1977 (42 U.S.C. 1981) the following new section:
“SEC. 1977A. DAMAGES IN CASES OF INTENTIONAL DISCRIMINATION IN EMPLOYMENT. [42 U.S.C. 1981a]
“(a) RIGHT OF RECOVERY. –
“(1) CIVIL RIGHTS. – In an action brought by a complaining party under section 706 or 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5) against a respondent who engaged in unlawful intentional discrimination (not an employment practice that is unlawful because of its disparate impact) prohibited under section 703, 704, or 717 of the Act (42 U.S.C. 2000e-2 or 2000e-3), and provided that the complaining party cannot recover under section 1977 of the Revised Statutes (42 U.S.C. 1981), the complaining party may recover compensatory and punitive damages as allowed in subsection (b), in addition to any relief authorized by section 706(g) of the Civil Rights Act of 1964, from the respondent.
“(2) DISABILITY. – In an action brought by a complaining party under the powers, remedies, and procedures set forth in section 706 or 717 of the Civil Rights Act of 1964 (as provided in section 107(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12117(a)), and section 505(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 794a(a)(1)), respectively) against a respondent who engaged in unlawful intentional discrimination (not an employment practice that is unlawful because of its disparate impact) under section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and the regulations implementing section 501, or who violated the requirements of section 501 of the Act or the regulations implementing section 501 concerning the provision of a reasonable accommodation, or section 102 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112), or committed a violation of section 102(b)(5) of the Act, against an individual, the complaining party may recover compensatory and punitive damages as allowed in subsection (b), in addition to any relief authorized by section 706(g) of the Civil Rights Act of 1964, from the respondent.
“(3) REASONABLE ACCOMMODATION AND GOOD FAITH EFFORT. – In cases where a discriminatory practice involves the provision of a reasonable accommodation pursuant to section 102(b)(5) of the Americans with Disabilities Act of 1990 or regulations implementing section 501 of the Rehabilitation Act of 1973, damages may not be awarded under this section where the covered entity demonstrates good faith efforts, in consultation with the person with the disability who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide such individual with an equally effective opportunity and would not cause an undue hardship on the operation of the business.
“(b) COMPENSATORY AND PUNITIVE DAMAGES. –
“(1) DETERMINATION OF PUNITIVE DAMAGES. – A complaining party may recover punitive damages under this section against a respondent (other than a government, government agency or political subdivision) if the complaining party demonstrates that the respondent engaged in a discriminatory practice or discriminatory practices with malice or with reckless indifference to the federally protected rights of an aggrieved individual.
“(2) EXCLUSIONS FROM COMPENSATORY DAMAGES. – Compensatory damages awarded under this section shall not include backpay, interest on backpay, or any other type of relief authorized under section 706(g) of the Civil Rights Act of 1964.
“(3) LIMITATIONS. – The sum of the amount of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, and the amount of punitive damages awarded under this section, shall not exceed, for each complaining party –
“(A) in the case of a respondent who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $50,000;
“(B) in the case of a respondent who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100,000; and
“(C) in the case of a respondent who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $200,000; and
“(D) in the case of a respondent who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000.
“(4) CONSTRUCTION. – Nothing in this section shall be construed to limit the scope of, or the relief available under, section 1977 of the Revised Statutes (42 U.S.C. 1981).
“(c) JURY TRIAL. – If a complaining party seeks compensatory or punitive damages under this section –
“(1) any party may demand a trial by jury; and
“(2) the court shall not inform the jury of the limitations described in subsection (b)(3).
“(d) DEFINITIONS. – As used in this section:
“(1) COMPLAINING PARTY. – The term ‘complaining party’ means –
“(A) in the case of a person seeking to bring an action under subsection (a)(1), the Equal Employment Opportunity Commission, the Attorney General, or a person who may bring an action or proceeding under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); or
“(B) in the case of a person seeking to bring an action under subsection (a)(2), the Equal Employment Opportunity Commission, the Attorney General, a person who may bring an action or proceeding under section 505(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 794a(a)(1)), or a person who may bring an action or proceeding under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
“(2) DISCRIMINATORY PRACTICE. – The term ‘discriminatory Practice’ means the discrimination described in paragraph (1), or the discrimination or the violation described in paragraph (2), of subsection (a).
ATTORNEY’S FEES
[This section amends section 722 of the Revised Statutes (42 U.S.C. 1988) by adding a reference to section 102 of the Civil Rights Act of 1991 to the list of civil rights actions in which reasonable attorney’s fees may be awarded to the prevailing party, other than the United States.]
SEC. 103
The last sentence of section 722 of the Revised Statutes (42 U.S.C. 1988) is amended by inserting “, 1977A” after “1977”.
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 employment law defense lawyers 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.
State of Texas and Local Agencies addresses for Texas Employment Law Attorneys, Employers and Employees
The EEOC works with the Fair Employment Practice Agencies (FEPAs) and the Tribal Employment Rights Offices (TEROs) to manage charges of discrimination and the protection of the employment rights of Native Americans. The EEOC contracts with approximately 90 FEPAs nationwide to process more than 48,000 discrimination charges annually. These charges raise claims under state and local laws prohibiting employment discrimination as well as the federal laws enforced by the EEOC. FEPA and TERO offices for the area covered by this office are listed below.
City of Austin Equal Employment/Fair Housing Office (FEPA)
Jonathan Babiak, Administrator
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 employment law defense lawyers 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.
FORT WORTH HUMAN RELATIONS COMMISSION
1000 Throckmorton
Fort Worth, TX 76102
Michael D. Ivey, Director
Tel: (817) 871-7525
Fax: (817) 871-7529
TDD: None
The Commission serves as an enforcement agency for the Civil Rights Act of 1964, as amended, and the City of Fort Worth’s Fair Employment Ordinance No. 7278, as amended. It also serves as a deferral agency for the U.S. Equal Employment Opportunity Commission and the Texas Commission on Human Rights and an investigative agency for housing, employment, and public accommodations charges of discrimination.
Geographic area(s) served: City of Fort Worth and Tarrant County Type(s) of publications: Annual report
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 employment law defense lawyers 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.
TWC evaluates unemployment benefits claim based on:
Past wages
Job separation(s)
Ongoing eligibility requirements
The employee must meet all requirements in each of these three areas to qualify for unemployment benefits.
Past Wages
Your past wages are one of the eligibility requirements and the basis of your potential unemployment benefit amounts. We use the taxable wages, earned in Texas, your employer(s) have reported paying you during your base period to calculate your benefits. If you worked in more than one state, see If You Earned Wages in More than One State.
Base Period
Your base period is the first four of the last five completed calendar quarters before the effective date of your initial claim. We do not use the quarter in which you file or the quarter before that; we use the one-year period before those two quarters. The effective date is the Sunday of the week in which you apply. The chart below can help you determine your base period. If you do not have enough wages from employment in the base period, TWC cannot pay you benefits.
To have a payable claim, you must meet all of the following requirements:
You have wages in more than one of the four base period calendar quarters.
Your total base period wages are at least 37 times your weekly benefit amount.
If you qualified for benefits on a prior claim, you must have earned six times your new weekly benefit amount since that time.
Alternate Base Period
If you were out of work for a long period during your base period because of a medically verifiable illness, injury, disability or pregnancy, you may be able to use an alternate base period. Call a TWC Tele-Center at 800-939-6631 to ask if you qualify for an alternate base period.
Types of Job Separation
To be eligible for benefits based on your job separation, you must be either unemployed or working reduced hours through no fault of your own. Examples include layoff, reduction in hours or wages not related to misconduct, being fired for reasons other than misconduct, or quitting with good cause related to work.
Laid Off
Layoffs are due to lack of work, not your work performance, so you may be eligible for benefits. For example, the employer has no more work available, has eliminated your position, or has closed the business.
Working Reduced Hours
If you are working but your employer reduced your hours, you may be eligible for benefits. Your reduction in hours must not be the result of a disciplinary action or due to your request.
Fired
If the employer ended your employment but you were not laid off as defined above, then you were fired. If the employer demanded your resignation, you were fired.
You may be eligible for benefits if you were fired for reasons other than misconduct. Examples of misconduct that could make you ineligible include violation of company policy, violation of law, neglect or mismanagement of your position, or failure to perform your work adequately if you are capable of doing so.
Quit
If you chose to end your employment, then you quit. Most people who quit their jobs do not receive unemployment benefits. For example, if you quit your job for personal reasons, such as lack of transportation or stay home with your children, we cannot pay you benefits.
You may be eligible for benefits if you quit for one of the reasons listed below:
Quit for good cause connected with the work, which means a work-related reason that would make an individual who wants to remain employed leave employment. You should be able to present evidence that you tried to correct work-related problems before you quit.
Examples of quitting for good work-related reason are well-documented instances of:
Unsafe working conditions
Significant changes in hiring agreement
Not getting paid or difficulty getting your agreed-upon pay
Quit for a good reason not related to work, under limited circumstances. Examples include leaving work because:
A personal medical illness or injury prevented you from working
You are caring for a minor child who has a medical illness
You are caring for a terminally ill spouse
You have documented cases of sexual assault, family violence or stalking
You entered Commission-Approved Training and the job is not considered suitable under Section 20
You moved with your military spouse
Quit to move with your spouse when the move is not part of a qualifying military permanent change of station (PCS). You may be eligible for benefits but you will be disqualified for 6 to 25 weeks, depending on the situation. Your maximum benefit amount is also reduced by the number of disqualified weeks.
We will mail you a statement with your potential benefit amounts after you file your claim. You may use the TWC Benefits Estimator to estimate your potential benefit amounts. The estimator cannot tell you whether you qualify for unemployment benefits.
Your benefit amounts are based on your past wages. How we calculate benefits is explained below.
Weekly Benefit Amount
Your weekly benefit amount (WBA) is the amount you receive for weeks you are eligible for benefits. Your WBA will be between $64 and $465 (minimum and maximum weekly benefit amounts in Texas) depending on your past wages.
To calculate your WBA, we divide your base period quarter with the highest wages by 25 and round to the nearest dollar.
If you work during a week for which you are requesting payment, you must report your work. Wages earned may affect your benefit amounts.
Maximum Benefit Amount
Your maximum benefit amount (MBA) is the total amount you can receive during your benefit year. Your MBA is 26 times your weekly benefit amount or 27 percent of all your wages in the base period, whichever is less. To receive benefits, you must be totally or partially unemployed and meet the eligibility requirements.
Your benefit year begins on the Sunday of the week in which you applied for benefits and remains in effect for 52 weeks. Your benefit year stays in effect for those dates even if TWC disqualifies you or you receive all of your benefits. You may run out of benefits before your benefit year expires.
Special Sources of Wages or Types of Employment
These links provide additional information for certain special types of employment or sources of wages.
If you owe court-ordered child support, we will reduce your weekly payment by up to 50 percent to pay your child support. The Office of Attorney General (OAG) notifies TWC if you owe child support. We deduct the amount directly from your payment and send the funds to OAG, who will give the money to the custodial parent.
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 employment law defense lawyers 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.
Whenever discrimination is found, the goal of the law is to put the victim of discrimination in the same position (or nearly the same) that he or she would have been if the discrimination had never occurred.
The types of relief will depend upon the discriminatory action and the effect it had on the victim. For example, if someone is not selected for a job or a promotion because of discrimination, the remedy may include placement in the job and/or back pay and benefits the person would have received.
The employer also will be required to stop any discriminatory practices and take steps to prevent discrimination in the future.
A victim of discrimination also may be able to recover attorney’s fees, expert witness fees, and court costs.
Remedies May Include Compensatory & Punitive Damages
Compensatory and punitive damages may be awarded in cases involving intentional discrimination based on a person’s race, color, national origin, sex (including pregnancy), religion, disability, or genetic information.
Compensatory damages pay victims for out-of-pocket expenses caused by the discrimination (such as costs associated with a job search or medical expenses) and compensate them for any emotional harm suffered (such as mental anguish, inconvenience, or loss of enjoyment of life).
Punitive damages may be awarded to punish an employer who has committed an especially malicious or reckless act of discrimination.
Limits On Compensatory & Punitive Damages
There are limits on the amount of compensatory and punitive damages a person can recover. These limits vary depending on the size of the employer:
For employers with 15-100 employees, the limit is $50,000.
For employers with 101-200 employees, the limit is $100,000.
For employers with 201-500 employees, the limit is $200,000.
For employers with more than 500 employees, the limit is $300,000.
Age Or Sex Discrimination & Liquidated Damages
In cases involving intentional age discrimination, or in cases involving intentional sex-based wage discrimination under the Equal Pay Act, victims cannot recover either compensatory or punitive damages, but may be entitled to “liquidated damages.”
Liquidated damages may be awarded to punish an especially malicious or reckless act of discrimination. The amount of liquidated damages that may be awarded is equal to the amount of back pay awarded the victim.
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 employment law defense lawyers 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.
Taprite Fassco to Pay $72,500 to Settle EEOC Sex, Disability and Retaliation Discrimination Suit
Company Demoted Employee Because of Arthritis and Carpal Tunnel Syndrome, Federal Agency Charged
SAN ANTONIO, Texas – Taprite Fassco Manufacturing, Inc., a San Antonio-based manufacturer of CO2 regulators in the soda and beer industries, will pay $72,500 and furnish other relief to settle a gender, disability and retaliation-based discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
The EEOC’s lawsuit charged that Taprite Fassco subjected a female quality control employee to sex-based wage discrimination, disability discrimination and unlawful retaliation after she raised questions to management concerning wage disparity between the sexes. The suit said that Taprite Fassco paid a male over three dollars an hour more than the female employee for performing substantially equal jobs at the same location. The federal agency claimed that the company also retaliated against the female employee for complaining about the wage discrimination by demoting her into a less favorable and lower-paying position that she could not perform because of physical limitations resulting from rheumatoid arthritis and carpal tunnel syndrome. The EEOC’s lawsuit also alleged that Taprite Fassco denied the female employee’s requests for reasonable accommodation for her disability such as reassignment to her previous position that would have permitted her to continue working.
The claims resolved by the settlement of the EEOC’s enforcement action include violations of multiple federal anti-discrimination statutes, including the Equal Pay Act (EPA), Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). The EEOC filed suit, Civil Action No. 5:14-cv-00801, in U.S. District Court for the Western District of Texas, San Antonio Division, after first attempting to reach a pre-litigation settlement through its conciliation process.
“Addressing sex-based pay disparity in the workplace remains a priority for the EEOC,” said David Rivela, senior trial attorney in the EEOC’s San Antonio Field Office (SAFO). “The EEOC will vigorously enforce the EPA and Title VII when we find an employer has no justifiable basis for paying a female less than a male counterpart. Employees have a right to seek redress of practices they believe are unlawful without repercussions that cost them even greater economic loss.”
Eduardo Juarez, EEOC supervisory trial attorney, added, “This case is important in that it puts a light on what continues to be a significant deficit in the earnings of women in the workplace when compared to men. The company’s decision to also deny her reasonable accommodation request so she could continue working exacerbated the problem.”
As part of the consent decree resolving the suit (entered by Judge David A. Ezra), Taprite Fassco will pay $72,500 to the former female employee. The company also agreed to ensure that its employment policies conform with the law, implement training which specifically addresses sex and disability discrimination, and post EEO notices at the workplace.
EEOC’s Dallas district director, Janet Elizondo, said, “We appreciate Taprite Fassco’s efforts to resolve this lawsuit quickly, fairly and without incurring unnecessary litigation expenses. This settlement, including the implementation of an effective policy against discrimination and EEO training, demonstrates a commitment to provide a non-discriminatory work environment for its employees.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the agency is available on its web site at 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 employment law defense 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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