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When filing lawsuits, employees not entitled to ‘Two bites at the apple’

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in Employment Law,Firing,Human Resources

by Ron Chapman, Jr., Ogletree Deakins

A recent federal appellate court ruling should give some comfort to employers in Texas and other states in the 5th Circuit. It said the EEOC cannot seek monetary relief or reinstatement on behalf of four workers who brought and lost a state court action based on the same set of facts.

According to the court, “The EEOC’s public interest does not justify giving the [workers] two chances to receive make-whole relief.” (EEOC v. Jefferson Dental Clinics, PA, No. 06-10090, 5th Cir., 2007)

The factual background

Carol Cantu, Linda Householder, Heather Scooter and Esmeralda Jimenez, all employees of Jefferson Dental Clinics (JDC), filed a discrimination charge with both the EEOC and the Texas Commission on Human Rights, alleging violations of Title VII of the Civil Rights Act of 1964 and state law.

Three of the women alleged that their supervisor at JDC’s Dallas office made sexual comments...(register to read more)

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