Ambitious, Experienced And Professional Employment Law Attorneys


I’m about to start my 34th year in practice, the bulk of which has been spent representing individuals asserting employment related claims against their employers. To say that I have seen the law evolve during this time span is an understatement. When I began my practice in 1986, there was no such thing as a jury trial in claims of sexual harassment, gender and race discrimination. Disability, was not a protected class. Texas didn’t have a parallel statute to protect employment discrimination. Things have progressively changed for the better. Sexual discrimination claims have expanded to include “same sex” sexual harassment, the right to a trial by jury is inviolate and disability discrimination laws have been written and re-written to inclusively protect employees who are victimized.

To say that I was concerned as to what might have come in the Bostock case, before the United States Supreme Court, that determined the rights of LGBTQ employees to have a remedy for employment discrimination, is a bit of an understatement. I was cautiously optimistic that when Justice Kennedy retired, Chief Justice Roberts would assume the role of the “swing” vote but I had no clue what would happen past that. I was firmly personally convinced that the LGBTQ workforce was intended to be covered by the drafters of Title VII when it was drafted as it was clearly an all-inclusive statute. That didn’t necessarily mean that the composition of this Supreme Court would be in accord.

I was pleasantly surprised when Justice Gorsuch joined the majority resulting in a 6-3 decision. When I read through the opinion I was less surprised. He did what a competent Supreme Court Justice (or any federal judge for that matter) should do. He put personal views aside and followed the law. One line from the 163-page opinion says it best in my view. “Only the written word is the law, and all persons are entitled to its benefit.”

This is not a monumental decision only for the LGBTQ workforce but in the broader spectrum, as we as a society are in the process of wading through some very troubled times, it is a decision that will go down in history for its unequivocal unifying effect.