In an Order released today by the U.S. District Court in Houston, The Kroger Company lost its motion for summary judgment on a race discrimination and sex harassment case. [caption id="attachment_781" align="alignright" width="300"] © AP Photo/David Koh[/caption] The case was brought by Angella Ayissi, a long-time cashier who works at Kroger. The papers on file in her case state that Kroger management allowed an employee at their Sugar Land, Texas store to constantly say the word, "nigger" and other racially and sexually hostile words. She states that this went on for years before Kroger ever took any action. Lawyers for Kroger tried to get the case dismissed, but on May 29, 2012, Judge Nancy Atlas denied their motion, except for a retaliation claim, and ordered that the case proceed to jury trial at the end of July. Our law firm has been representing Ms. Ayissi from the outset, and we were very pleased with the judge's 17 page Order allowing this case to be decided by the jury. Many times the judges dismiss these cases, but in this case, the judge found that Ms. Ayissi raised genuine issues of material fact and that Kroger would have to stand trial. __________________________________________________________________________________________________ About the author: Bruce Coane is an attorney who specializes in labor and employment law, and, immigration law, with offices in Florida and Texas. He may be reached at [email protected], 713-850-0066 or 305-538-6800.
http://www.youtube.com/watch?v=cmgrwHL9Xug In this video, Attorney Bruce Coane speaks about criminal background checks that are done by employers when individuals apply for jobs. These individuals often question if they have a case when they are not hired or when they are fired because of an arrest history. Unfortunately, most states, including Texas, have no state law about criminal background checks in employment, so most of the time, they will not. However, this year, the EEOC came out with guidance about these checks, and how the criminal justice system affects Hispanics and blacks, in particular. As a result, it is quite possible to bring claims to court for race discrimination after a criminal background check has been conducted. Although the EEOC guidelines only references these specific races, it could apply to anybody, as the EEOC investigates complaints of discrimination based on age, race, sex, national origin, religion and disability. To see the EEOC Enforcement Guidance, click the link below. www.eeoc.gov/laws/guidance/arrest_conviction.cfm