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Donna McElroy

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Donna provides comprehensive representation, including counseling and compliance, and she regularly appears in state and federal courts, before administrative agencies, and in arbitration. She advises clients in various industries and verticals on a wide range of employment matters, such as discrimination, sexual harassment, retaliation, trade secret and non-competition violations, wage and hour claims, reductions-in-force and mass layoffs, and union negotiations—and the potentially costly reputational hits that can accompany them.

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Workplace Violence Reporting Poster Required

Effective September 1, 2023, Texas employers of any size are required to “post a notice to employees of the contact information for reporting instances of workplace violence or suspicious activity to the Department of Public Safety.” On its website, the Texas Workforce Commission (“TWC”) has posted a notice to employers that compliance is expected beginning on January 8, 2024, and provided a poster to be posted in English and Spanish in a conspicuous place convenient to all employees to comply with this new requirement.

This requirement followed the enactment of Senate Bill 240, which requires healthcare facilities to adopt a workplace violence prevention plan, as described below.Continue Reading Legal Updates for Texas Employers in 2024

As observed in Dykema’s original alert on the Supreme Court’s recent decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, Nos. 20-1199 & 21-707, corporate diversity, equity, and inclusion policies may be impacted by the Court’s broad language on race-based decision making. The ruling has already emboldened those currently in litigation over diversity efforts to push for the elimination of such programs entirely, as discussed in a recent article by the Wall Street Journal.Continue Reading Title VII & DEI Program Implications of the Supreme Court’s Recent Affirmative Action Decision

On March 8, President Biden took his first steps in reversing the Trump Administration’s Title IX policy by issuing an Executive Order 14021 (“Order”) directing the Secretary of Education to review the Title IX rules issued by the Trump Administration.
Continue Reading Change is Near: What the Biden Executive Order Means for Title IX Misconduct Claims