Preface

• Author: Laura M. Franze
• Pages: 17-17

F-17 Texas employmenT law

PrE fa cE

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 rela-

tionship. 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 overwhelm-

ingly 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 hold-

ings 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.

— Laura M. Franze

September 15, 1998

Dallas, Texas