Preface

• Author: Laura M. Franze
• Pages: 20-21

 TEL F-18

PREFACE

FormanyAmericans, Texanssurelyamong them,the jobprovides notjust aliving, butalife. Ourwork isa

central source of identity, of how we define ourselves to others. Thus, the job we do and the workplace we do it in

are not just economic imperatives, but are of profound importance to the quality and meaning of our lives. When

that employment or workplace is threatened, a way of life is threatened. It should, therefore, come as no surprise

that employment law in Texas and elsewhere has become a significant portion of our jurisprudence.

We are in the midst of an era of tremendous change in the legal underpinnings of the employment relationship.

To illustrate the breadth and scope of that change, consider this: in many areas of the law it is possible to cite

precedents, still valid today, that date back for centuries. Employment law, however, is based overwhelmingly on

law that dates back little over thirty years. The first major statute concerning employment law is a mere thirty-four

years old and most of the precedent cited in this book is of far more recent vintage. In fact, the body of statutes and

case law that we rely upon as employees and employers in this great state is so lately developed that virtually all of

the currently applicable law has developed within the period of active practice of some not so ancient members of

our living bar.

The changing and expanding nature of employment law is significant to the existence of this book for another

reason.Thirtyyears ago,employment –or“labor” lawasit wasthencalled- consistedprimarilyof federallabor

relations law governing union organizingand collective bargaining, as well as federal wage and hour law.The

first cases under the first comprehensive statute concerning discrimination in employment were just arriving at

thecourthouse –thefederal courthouse.Abookon Texasemployment lawwouldeither havebeenvery shortor

would have been a redundancy of the many federal-law-oriented books. Today, at least as much employment law

is practiced at the state courthouse as at its federal counterpart, and yet, far less has been written about state based

law and state public policies and, yes, even judicial district and circuit differences in enforcement. It is hoped that

Texas Employment Law will, to some extent, fill a void in the library of those concerned with workplace law.

Federallaw isdiscussed inthisbook, especiallyas itrelates toTexaslaw,butit isnot thefocus ofthebook, 

as numerous sources exist for the researcher in this area. This book focuses instead on Texas law- whether that

be the law of our statutes or the interpretations and application of the law by the Texas Appellate and Supreme

Courts.Wenote,ofcourse,that statelawissometimesenforced infederalcourts.Further,therearedifferences of

interpretation within the various federal circuit courts of appeal that will affect the law applied to Texas employers

and employees. Therefore, considerable effort has been made to exhaustively research the application of laws

relating to employment by the federal district courts within the State of Texas and the holdings of the U.S. Court

ofAppeals for the Fifth Circuit, the Circuit which includes the State of Texas.Certainly the precedent of other

courts is often cited in these pages, but special attention is due and has been given to the judicial authority most

commonly affecting the employment relationship in Texas.

This book represents the thinking of outstanding employment lawyers from all over the state and from all

aspects of the practice. The employment law practitioners who have contributed their ideas and experiences to

thiswork includemanagement attorneys,plaintiffs’attorneys,and formergovernment attorneys,andothers. Our

authors do have one thing in common. They all live and work with the issues they write about. We have no “ivory

tower” pontificators here. The emphasis is solidly on the practical. Not only does this book provide a sensible

and comprehensive analysis of the law, but also it answers the many practical issues and problems facing Texas

employers and employees in the workplace. In addition, and for the same reason, the various chapters may reflect

the orientation of a particular author’s practice, whether that is management-side oriented, employee-side oriented

or a mixture of both. Every effort was made to assure that any bias in perspective did not influence the setting

forthofthe substanceofthelaw.Differencesin perspectiveonadvocacyorideology maywellexist,but itseems

to me that such differences are a strength, rather than a shortcoming of the book. As our system of law is one that

depends on advocacy, a little advocacy can’t hurt and may actually facilitate understanding for all readers.

—LM.F

September15,1998

Dallas,Texas