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Twice a year—in the spring and the fall—the Equal Employment Opportunity Commission (EEOC) publishes a regulatory agenda. It lists, among other things, all the regulations scheduled for review or development in the next twelve months.

The EEOC’s fall 2013 regulatory agenda—released on November 26, 2013—reveals the EEOC’s increased focus on disability-based employment discrimination. The EEOC has identified the following proposed revisions to enforcement procedures:Continue Reading What’s Afoot At The EEOC, Watson?

On August 31, 2012, in Prairie View A&M University v. Chatha, the Texas Supreme Court held that the federal Lilly Ledbetter Fair Pay Act (“Ledbetter Act”) — that amended Title VII of the Civil Rights Act of 1964 to provide a pay-discrimination claim for each paycheck — does not apply to a Texas state law pay-discrimination claim. Refusing to “make law” in the absence of determinative legislative intent on this issue, the Chatha court urged the Texas Legislature to amend the Texas Labor Code to adopt provisions from the Ledbetter Act.  Continue Reading Following the Ledbetter Act, the Texas Legislature Has Proposed a Bill Adopting the ‘Paycheck Rule’ for State Law Pay-Discrimination Claims