January 16, 2013 - Texas Workforce Commission

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1 we need to think about, how do we provide that
2 training?
3 So that -- I mean, the distinction
4 between what is a protected class and what is the
5 holding in Price Waterhouse and Macy applied to a
6 particular community that's -- can be -- that sets out
7 very different parameters. And so how do we train the
8 staff to make sure that they understand that?
9 MR. BABIAK: Right now, I -- I don't
10 even know how -- what was the closure status of the
11 two cases that we have. I did tell the employment
12 manager, "Bring to my attention any case that's out of
13 the ordinary." And so -- and I -- and I guess my
14 first remark relates to I don't know if we even
15 investigated the two cases that we closed. They may
16 have closed in mediation. I would have to go look at
17 those two cases to see exactly how they progressed.
18 If they did not close in mediation, then
19 the case may have been a routine case where we request
20 the position statement from the respondent. The
21 respondent provides us with proof of a
22 nondiscriminatory reason for the employment action,
23 and we close the case as no cause.
24 COMMISSIONER STIDVENT: Well, I'm just
25 even thinking at the very level of intake, if someone