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Diallo’s owner sued after demanding employee prove HIV status

The United States Equal Employment Opportunity Commission filed a lawsuit against the nightclub Diallo’s of Houston after the owner allegedly demanded an employee show medical records proving she was HIV-negative.

According to the EEOC, such a demand is a direct violation of the American Disabilities Act of 1990, which prohibits employers from making medical inquiries unrelated to the performance of an employee’s job-specific duties.

The complaint states the owner, who also manages the club, claimed he was able to obtain third-party information that the employee was HIV-positive and twice approached her asking her to provide a medical certificate clearing her of said ailment. The woman got terminated when she refused. At first, the EEOC tried conciliatory measures to deal with the employer. When those measures failed, they filed a lawsuit asking for an injunction, backpay with pre-judgment interest, reinstatement (or front pay), compensatory damages, and punitive damages.

Legal protections for workers are put in place to ensure a worker’s rights are upheld and that the employee feels safe in his workplace. If these protections are not met and you work in Austin or another area of Texas, get in touch with our attorneys at The Melton Law Firm by calling our offices today at (512) 330-0017.


Statistics of sexual harassment in the workplace

In a new poll conducted by Washington, D.C.-based nonpartisan digital media and survey research company Morning Consult, it was found out that 45% of female respondents were touched in an unwarranted sexual nature by colleagues in the workplace and have experienced unsolicited, unwanted, and unnecessary physical advances. Another survey, conducted by international women’s fashion magazine Cosmopolitan, showed that one in three women has experienced sexual harassment at some point in their lives at work.

Tom Spiggle, lawyer and author of the book You’re Pregnant? You’re Fired: Protecting Mothers, Fathers, and Other Caregivers in the Workplace, said sometimes women refuse to report instances of sexual harassment in the workplace to the proper authorities, noting, “it is a combination of two factors: first, the real difficulties of fighting sexual harassment, and second, a mistaken belief that the option is to do nothing or wage an all-out battle.”

Employees in the state of Texas are entitled to a wide range of legal protections under state and federal law, so if your employer is treating you improperly or you feel that your rights in the workplace may have been violated, get in touch with our attorneys at The Melton Law Firm, who provide legal services to our clients in Austin or other areas in the state by calling our offices today at (512) 330-0017.


Lake Jackson employee claims wrongful termination

Lake Jackson resident Kristin Lee Dial filed a complaint in the Houston Division of the Southern District of Texas against Shell Deer Park Refinery. Dial claims she was wrongfully terminated from her post after she reported a sexual harassment incident.

According to the lawsuit, Dial had a short-lived relationship with her co-worker, Christopher Carrizales, outside of the workplace. Dial said during her employment from August 2014 through December 2014, she was sexually harassed by Carrizales after she ended her relationship with him. She then reported Carrizales’ behavior to her team leader, Benjamin Stafford, who told her if she reported the incident to human resources, she and Carrizales would be terminated from their posts.

Our attorneys at The Melton Law Firm provide legal services for clients in Austin and other areas of Texas. We handle employment issues such as discrimination, sexual harassment, and equal pay, among others. Contact us at (512) 330-0017 to learn more about your legal options.

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