| Volume 112 Number 2 |
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Have a question or legal issue arising from the recent flooding? Whether you are having a problem with a non-responsive insurance company, a shoddy contractor, a price gouging business, or a landlord who won’t repair your apartment, the Texas Consumer Complaint Center will try to help. Click here for more.
The People’s Lawyer’s Tip of the Day
Many people do not know that the standard form lease in Texas absolves the landlord from liability for damages to the tenant’s property from “any cause” including fire, rain, or flooding. Because of this, it is a good idea for tenants to get renters insurance to protect their personal property. Here is a link to the Texas Department of Insurance with some information on the kinds of coverage available to renters:
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Your Money
When should you file for Social Security? This link discusses the pros and cons of filing at different ages. Click here for more.
For the Lawyers
The Supreme Court ruled that the EEOC’s conciliation efforts are subject to judicial review in claims of unlawful discrimination against an employer. The EEOC filed suit against Mach Mining, LLC on the basis of sex discrimination as to the company’s hiring practices. After deciding that reasonable cause existed, the EEOC sent a letter to Mach Mining inviting the employer to participate in an informal conciliation proceeding with the plaintiff to attempt to rectify the charge. Later, the EEOC sent a second letter to Mach Mining, stating it had determined that conciliation efforts had been unsuccessful. The EEOC then filed suit in federal court. In response, Mach Mining argued, pursuant to Title VII of the Civil Rights Act of 1964, that the EEOC had failed to conciliate in good faith prior to filing suit. The EEOC moved for summary judgment on that issue, contending that the sufficiency of its conciliation efforts were not subject to judicial review. The trial court agreed with Mach Mining to the extent that the EEOC’s conciliation efforts were, in fact, subject to judicial review, but the Seventh Circuit reversed and found that the EEOC’s conciliation efforts were not subject to judicial review. The Supreme Court reversed the Seventh Circuit’s decision, holding that although the EEOC maintains wide discretion with respect to the informal means by which conciliation efforts are achieved, the courts are authorized to employ judicial review of the EEOC’s conciliation efforts in cases involving a charge of unlawful discrimination. Mach Mining, LLC v. EEOC Click here for more.