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Articles
Introduction Generally, there are five (5) categories of discrimination that the law prohibits from taking place in the workplace. These categories of discrimination include: race, sex (or gender), religion, age, and disability. In order to fully understand discrimination, one must be able to understand it at its most extreme core. Discrimination, at its core, is not necessarily about a person's hatred toward another person because of his or her race, gender, or age. Rather, at its core, discrimination is about a person (or institution), who (1) believes he has the power to exercise excessive control over another person because he or she fits within a certain category and (2) takes adverse actions against the person on the basis of this belief. This exercise of undue control over another human is generally derived from a self-centered sense of arrogance is unhealthy for any free society. The reason why employment discrimination is wrong and illegal is because (1) in reality, God did not intend for people to exercise undue control over other people and (2) the law recognizes that it is important that employers should not conduct themselves as though they possess undue control over other people. As modern society has made clear, women have the ability to perform with equal skill and success in virtually every endeavor engaged in by men, including employment, athletics, academics and politics. Yet discrimination on the basis of sex has a long history in the United States and its residual effects still operate to keep women's salaries lower and opportunities fewer than those available to men. Numerous laws, and the Constitution, prohibit discrimination on the basis of sex. As long as discrimination continues, women will have to resort to these laws to pursue fair and equal treatment. Although it is less common, men too can be subjected to unlawful sex discrimination. Because good employment relationships are so essential to the stability of the American workforce - and thus our society, the law firm of Walker & Chambers takes workplace discrimination very seriously and seeks to be of assistance in the resolution of employment conflicts. What Constitutes Sex Discrimination? The essence of sex discrimination is unequal treatment on the basis of sex. The treatment must not simply be different, but unequal, and therefore unfair. It is not sex discrimination to require women and men to use separate restrooms. It is sex discrimination to provide different working conditions, salaries, hiring, promotion or bonus criteria, admissions standards, or athletic and scholastic opportunities to women and men. A special form of sex discrimination is sexual harassment. Women, and men, have the right to secure and perform their jobs free of unwanted demands for romantic or sexual relationships, or unwanted communications or behaviors of a sexual nature that interfere with their ability to work. As with other types of discrimination, sex discrimination can take many forms. For much of our history, sex discrimination was blatant and a matter of public law and policy. Women's property rights were limited, women could not vote, women were barred from most professions, and women were impeded from securing public office. Through the determined efforts of early women's rights advocates, federal and state legislatures slowly addressed these blatant forms of discrimination. Perhaps the biggest victory for women's rights, after the Nineteenth Amendment giving women the right to vote, was the Civil Rights Act of 1964. Title VII of this act provides strong protections against sex discrimination in employment. Specifically, Title VII makes it illegal for an employer
Title VII also prohibits sex discrimination in on-the-job and apprenticeship programs, retaliation against an employee for opposing a discriminatory employment practice, and sexually stereotyped advertisements for employment positions. This law has gone a long way to reducing sex discrimination in employment. It has not, however, obliterated it. While open forms of sex discrimination are now rare, such as an executive lounge for men only, subtle forms of sex discrimination still exist. Women are still paid less than men in the workplace. This is because women typically earn less in the same positions as men, and because there are fewer women in the most high paying jobs. Employment practices and policies that favor men over women, both for the awarding of jobs, bonuses, and promotions, and in the amounts paid for those jobs, bonuses and promotions, are unlawful. Unequal pay for equally qualified women employees also violates the Equal Pay Act. The preference given to men over women in the workplace can be difficult to detect. Employers may have some women in important positions, but rarely have as many women as men. Where an equally qualified woman is passed over for a promotion based on her sex, the employer has discriminated unlawfully. Workplace harassment is another form of unlawful discrimination. Employers must not only grant women and men equal pay and opportunities, they must also remedy situations of sexual harassment of which they know or should know. This includes both harassment by a manager or executive over employees of lower position, and also includes harassment among coworkers. Harassment involves unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. It is illegal for an employer to make sexual conduct a condition or term of employment, to base employment decisions on such conduct, or to permit sexual conduct that unreasonably interferes with an employee's work performance or creates an intimidating, hostile or offensive work environment. Lewd comments, unwanted touching, displays of sexual objects or photographs, or offensive cartoons or drawings may constitute sexual harassment where they interfere with an individual's work performance. Another important piece of legislation aimed at sex discrimination is Title IX, which prohibits schools receiving federal funding from discriminating on the basis of sex in their sports programs. Title IX has led to significant expansion of women's sports opportunities. Women's athletic coaches, however, are still paid less than their male counterparts, indicating continuing sex discrimination in athletics. Sex discrimination, like other forms of discrimination, is an active area of litigation in the United States and will continue to be until women reach true equality with men. The election of more women politicians, the appointment of more women judges, and the promotion of more women in the workplace will improve the possibilities of equal treatment for both sexes. Until that time is reached, however, women, and men, may find it necessary to take their case of unequal treatment to court. When employment disputes based upon gender cannot be resolved by other means It is important to keep in mind that there must be a correction between the adverse act and sex. For example, the mere fact that a woman employee is being paid less that a male co-worker is not enough. The woman employee must be able to prove that her lower salary is a direct result of her being a women. Conclusion Over the last few decades, Congress and the courts have taken significant steps to overcome sex discrimination. The problem, however, is deeply rooted in our society and its effects continue in many areas. Most employers have procedures for reporting sexual harassment, but cases of sex discrimination can be more difficult for an affected employee to address. Sometimes legal action becomes necessary when an employer takes a discriminatory position against a female, or male, employee. A school or other professional or training program may also engage in unlawful sex discrimination. Again, resort to the protections of anti-discrimination laws may be the only alternative. Speaking with an experienced attorney can help you to protect your rights and to pursue a proper remedy if you've been the victim of discrimination. Walker & Chambers and Sex Discrimination Employment discrimination - the undue exercise of power over another because of his or her race, gender, religion, age or disability - manifests itself in numerous situations. Whenever an employee finds himself/herself in a situation where he or she believes an adverse action has been taken on the basis of race, gender, religion, age or disability, the employee should immediately seek out the assistance of legal counsel experienced in handling employment matters and by contacting the local office for the Equal Employment Opportunity Commission and. The law firm of Walker & Chambers operates based upon the philosophy that good relationships are essential to the vitality of stable families, productive organizations, strong communities, and society as a whole. With this philosophy in mind, the firm conducts itself in accordance with its mission of "serving the community by providing excellent and cost effective legal services." If you would like help with a matter involving any form of discrimination or civil rights violations, please feel free to contact Walker & Chambers at 214-339-1490 or e-mail us at wc@walkerchambers.com. Not Certified by the Texas Board of Legal Specialization. © West Legal Directory. All rights reserved. Texas Estate Planning and Probate Law: Why Do I Need a Will? Introduction A will is more than a formal written legal document setting forth how you would like your property handled at death. In your will, you can also specify guardians to take care of your minor children, establish trusts for your children's benefit and reduce or eliminate federal estate taxes. Although you may use a "will kit" to try draft your own will, the size of your estate, your asset composition and the complexity of federal and state laws, may make it far too risky to attempt drafting a will without an attorney. If you should make a mistake in drafting your own will, you bear the risk that a court might declare your will invalid. Your Estate Your estate includes all the property that you own at the time of your death. Through your will you can give away any property you own at the time of your death. There could be certain assets that you own that may pass outside of your will, by way of a beneficiary designation, such as your retirement plans, life insurance, bank accounts and living trust assets or property subject to a contract. You may also own property that will automatically pass to another individual regardless of your will. Who Needs a Will Whether you are married, single, have minor children or own even a nominal amount of personal assets or property, you should have a will. In fact, every eligible adult should have a will or other means to control the disposition of his or her assets. Even people that have living trusts should consider preparing a will because, without a will, any property not named in the living trust will pass according to state law, not necessarily in accordance with a person's wishes. The remaining issue is who is eligible to have a will? The legal requirements are quite simple, you need to be "of age" and of "sound mind" to enter into a will. Will Requirements For a will to be valid it must be prepared, witnessed and signed according to specific procedures set forth in state law. For example, under certain circumstances, a court may find that a will is invalid because it was not witnessed properly, thereby causing assets to pass according to the state's intestate laws. In other words, the state would decide how the property would be distributed, possibly even to unintended heirs, and would make no special provisions for personal property such as jewelry or family heirlooms. Moreover, when a person dies without a will, the state will distribute his or her property according to a preset formula, excluding friends, unmarried partners, charities and distant relatives. Your Children If you have minor children, your greatest concern may not be who gets your assets, but rather, who will take care of your children. The courts are given broad discretion to determine who will take care of minor children if both parents die or if the surviving parent is unavailable. Even though the court has the ultimate authority to appoint a guardian, a will is the only way to tell the court who you want to raise your children. Further, a will should set forth what assets your children will receive, how the assets will be distributed, and who will manage the assets until such time as your children are able to manage the assets themselves. Fortunately, a will affords you many options to control the disposition of assets to your children if you should meet with an untimely death. Through a will, you can leave instructions on how the property will be held and who will act as the guardian, trustee or custodian of that property. By establishing a trust for your children in your will, you can even condition when and how they will receive benefits. Your Personal Representative A personal representative is responsible for making sure property is distributed according to the deceased person's wishes. A personal representative can be an attorney, an accountant or someone that you otherwise trust to handle your personal affairs. People often name their spouse, a competent relative or trusted friend as personal representative of their estate. An alternative personal representative should always be named, in the event that your original choice elects not to serve. If you fail to name a personal representative, the court will appoint one for you. Conclusion Although you can legally prepare your own will, you risk having a court declare it invalid. Because the laws that govern wills are very complex, it is best to have a lawyer prepare your will. If you have minor children, are a business owner or are concerned with federal and state taxation of your estate, it may well be worth the cost of having a more complex will prepared. Think of it in terms of the costs you save by having exercised the tax credits you may be entitled to under federal and state law. Finally, you will gain peace of mind knowing that your minor children will be taken care of according to your wishes. Not certified by the Texas Board of Legal Specialization. © West Legal Directory. All rights reserved. Texas Litigation: Stages of a Lawsuit Introduction When most people think of the American legal system, they probably think of a courtroom where lawyers argue their cases to the jury under the auspices of a judge. The media and entertainment industry has bombarded the viewing public with dramatic images of the law in action. However, television and the sliver screen only provide a mere glimpse into the actual stages of a lawsuit. Lawsuits may take years to resolve and usually do not end with a dramatic courtroom scene. Often people get ensnared in the trap that deceitfully suggests that a trial is the ultimate answer to their legal problems. With this in mind, they seek out a lawyer who they believe is most likely to "win" the case rather than one who is most sensitive to the dispute and how it may be resolved. Some lawyers sell themselves on the basis that their skills and experience will "save the day" no matter what the facts are. The reality is that we live in an imperfect world with imperfect people, imperfect judges, imperfect juries, and yes - imperfect lawyers. In fact, most disputes come about as a result of two or more imperfect people engaging in an imperfect process. It is the philosophy at Walker & Chambers that disputing parties should seek to resolve their dispute as efficiently and cost effectively as possible. Walker & Chambers recognizes the trial process as one of many means of reaching the client's goal of resolving disputes. In situations where there appears to be an opportunity to resolve a dispute by using means other than litigation, Walker & Chambers attempts to make use of the opportunity by developing strategies and making related recommendations to the client. The recommended strategy may or may not included relentless litigation. It is our experience at Walker & Chambers, that the quickest way to resolve a dispute is the focus on the truth of the matter and endeavor to present the truth in a clear and most credible way. This approach often brings about a great amount of opposition. However, we believe that this approach is the one that is most likely to bring about the correct solution in the quickest manner. Every client relationship at Walker & Chambers begins with an initial consultation. It is at this point that the lawyers at the firm (1) endeavor to ascertain the basic facts related to the case, (2) assist the client in identifying the root and magnitude of their legal problem, and (3) make initial recommendations concerning strategies for resolving the conflict. The Beginning Stages Once you believe you are involved in a situation that requires legal action, finding a lawyer who is (1) interested in the truth of your matter and (2) knowledgeable and experienced is the area of your legal concern should be your first priority. Pretrial Action In most states, the filing a complaint officially starts a lawsuit. A complaint includes the facts of the situation showing a legal right and legal wrong. If the allegations asserted in the complaint fit into some established pattern of a right, then the case can continue. However, if the facts pleaded in the complaint do not match a legal cause of action, the complaint will be dismissed and the lawsuit will die. For example, in order to sue someone for breaching a contract, you must assert the existence of a contract relating specifically to the alleged conduct of the other party. The defendant has several options as to how to respond to the plaintiff's complaint. For example, the defendant can deny the allegations set fourth in the complaint or can introduce defenses. He can also admit to the allegations in the complaint, either by specifically acknowledging their truth or by failing to deny them properly. After the complaint has been filed and the defendant has entered his answers, the attorneys on both sides will enter into the discovery phase of the lawsuit. During discovery, the attorneys gather as much evidence as possible about the situation. The discovery phase of litigation serves several important purposes: it can be used to preserve evidence of witnesses who may not be available at trial; to reveal facts; and, to aid formulating the issues to be litigated. At Walker & Chambers, the discovery process is used as a method to uncovering the truth, crystallizing the evidence for trial, and setting the stage for settlement. Depositions are one of the most useful discovery device. A deposition is a sworn pretrial testimony taken out of court in response to oral or written examination and put in writing for use in court. The other party has the opportunity to cross-examine the witness who was deposed during the questioning at trial. Furthermore, during the discovery phase parties can obtain access to documents and other items not in their possession. Discovery rules are liberal, allowing a great deal of evidence to be revealed. Depending on the complexity of the suit, the discovery phase may last a year or more. Pretrial Conference It is our experience at Walker & Chambers that the pretrial conference presents yet another opportunity for settlement. The case comes together at the pretrial conference. At the pretrial conference, the attorneys talk informally with the judge and agree as to what are the disputed issues. Then, the attorneys share the evidence they intend to present and the witnesses they plan to call to testify during the trial. The judge and the attorneys are then able to plan the course of the trial. In complex litigation, many conferences may be required to give structure to the trial. Resolution Without Trial Many cases are disposed of before going to trial. Today, the trend is to settle the disputed issues without the use of a long, drawn out, unpredictable trial. For the settlement to officially end a lawsuit, both parties must agree to be bound by the terms of the settlement. Settlement is the favored way to resolve a legal dispute because parties are able to secure their own interests by taking an active role in designing the resolution. Another way to end a lawsuit prior to trial is through the use of summary judgment. Upon motion of one of the parties, a judge will enter a summary judgment in favor of the motioning party when that party shows there is no genuine legal issue that needs to be placed before a court and that the party can prevail solely on the facts of the case. A case can also be terminated by the court's use of voluntary and involuntary dismissals. All judicial systems provide some means by which the plaintiff (the person who initiated the lawsuit) can voluntarily dismiss the case without the court's approval. This may occur when, upon further investigation, the plaintiff realizes that she does not really have a claim worth pursuing. A court can enter a involuntary dismissal upon a defendant's motion for dismissal on grounds that the plaintiff has not taken the appropriate steps to move the case to trial, such as not showing up at scheduled hearings or meetings. Involuntary dismissals are granted sparingly and only when a plaintiff has been particularly negligent and the delays have put the defendant at a disadvantage. Trial Assuming the case has proceeded through discovery and survived any pretrial motions, it will be placed on the court docket and a trial date will be assigned. With exception of the time spent picking a jury prior to trial, jury and non-jury trials follow the same general rules of order. Generally, the trial proceeds as follows. The plaintiff's attorney followed by the defendant's attorney each make opening statements, explaining what he or she intends to prove. The plaintiff's witnesses and evidence are introduced, examined and cross-examined. Then, the defendant's witnesses and evidence are introduced, examined and cross-examined. Finally, both the plaintiff and defendant are allowed to introduce rebuttal evidence. After all the evidence has been submitted, each side presents a closing argument summarizing the evidence most favorable to their party. The plaintiff makes the first closing statement and has a right of rebuttal after the defendant's closing argument If it is a jury trial, the judge will instruct the jury as to the law that is to be applied. Generally, the judge requires the parties to submit possible jury instructions. While some states have standard instructions that must be used, other states allow the parties some input as to how the instructions will be worded. The jury then retreats to the jury room where they deliberate until a verdict is reached. In the case of deadlock, the judge must send the jury back to deliberate and if that does not break the deadlock, the judge must declare a mistrial. If the jury returns a verdict, the judge generally will enter a judgment on the verdict. Recovering Judgments Winning at trial does not necessarily resolve the legal issues if the primary goak is to recover money from the losing party. Once a judgment is entered, the winning party is entitled to the amount of the judgment. Prevailing parties may encounter problems when trying to recover the money from the losing party. The prevailing party may be forced to commence collection proceedings against the losing party. Therefore, the monetary damage award set out in the judgment does not necessarily reflect what the prevailing party will actually receive. Appealing the Court's Decision Trial decisions are not final. If a party is not satisfied with the results of his or her trial, an appeal of the judgment can be made. Although a party usually has the right to an appeal, there are usually strict time deadlines in which the appeal must commenced. Once a party files for appeal, the party will not be required to comply with the court's decision because an appeal acts like a freeze on the judgment. When considering an appeal, it is important to consult with an experienced appellate attorney, who will secure your appeal rights and your interests. Conclusion Today, many people are turning to legal system to help them settle disputes. However, much more time and procedure is involved in bringing a lawsuit than most people realize. The stages of a lawsuit can continue for years and even longer if the decision is appealed. Because the process is so complex, it is necessary to enlist a knowledgeable and experienced litigating attorney who has ample experience with your legal issues. Should you find yourself in need of legal assistance to assist you in your efforts to resolve a dispute, feel free to contact Walker & Chambers at 214-339-1490 or you may email us at wc@walkerchambers.com Not certified by the Texas Board of Legal Specialization © West Legal Directory. All rights reserved.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © by Walker & Chambers. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. |
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