Elizabeth D. Tate Attorney at Law

02/07/2026

🚨 $8.5 Million Verdict Against Uber — What It Really Means 🚨

You may have seen headlines and thought, “Wow! My case could be worth that much!”

Here’s the reality:
• That award was for one specific s*xual assault case in Arizona.
• Most of the damages were for emotional and psychological harm, not lost wages.
• It was a bellwether trial — a test case, not a guarantee for anyone else.
• Every case is different. Millions are rare and depend on the facts, evidence, and harm.

At Elizabeth D. Tate, Atty at Law, we help you understand your situation realistically and pursue the compensation you deserve. 💼

08/29/2025

I wrote a Christian book about the epidemic of family estrangement. May God use it mightly.

This book offers a compassionate, faith-centered guide for Christians navigating the pain of family estrangement. Drawing deeply from Scripture and the wisdom of mental health practices, it equips you with practical tools to find hope, extend forgiveness, and embrace healing in Christ, regardless...

08/21/2025

**Breaking Free from Silence: How Federal Law Lets You Bypass Arbitration in Sexual Harassment Claims**

For decades, mandatory arbitration agreements have been a powerful tool for employers, often forcing employees to resolve workplace disputes outside of the courtroom. These agreements typically prevent workers from filing lawsuits in federal or state courts, instead requiring private arbitration—a process that often favors employers and keeps disputes out of the public eye. But a recent legal shift has changed the landscape in a significant way: if your claim involves s*xual harassment, you now have the right to take your case directly to federal court, even if you signed an arbitration agreement.

# # The End of Forced Arbitration in Sexual Harassment Cases

In March 2022, the **Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act** was signed into law. This bipartisan legislation created a landmark exception to arbitration agreements by allowing employees to choose whether to pursue their s*xual harassment or s*xual assault claims in court, regardless of any arbitration clause they may have agreed to with their employer.

This means:
- If you are subject to an arbitration agreement, you can still **file a lawsuit in federal court** for s*xual harassment claims.
- You are not bound by the arbitration process if your claim is specifically related to s*xual harassment or s*xual assault.
- The choice is yours—employees can decide whether to pursue arbitration or litigation.

# # Why This Matters

Arbitration has long been criticized for its lack of transparency and its tendency to favor employers. Unlike court proceedings, arbitration is private, often limiting accountability and preventing systemic issues from being exposed. By allowing s*xual harassment claims to be litigated in federal court, survivors gain access to:

- **Public accountability** through open proceedings.
- **Jury trials**, which arbitrations prohibit.

08/19/2025

How Employers Are Tightening Workplace Policies: What You Need to Know to Protect Your Rights

A growing trend in employee handbooks is the introduction of policies that make it a fireable offense to take copies of work emails. These emails often serve as crucial evidence of discrimination. However, if you try to use them in proceedings with the EEOC or in court, employers can invoke the *after-acquired evidence* rule. This rule allows courts to limit your damages from the moment the employer uncovers a legitimate fireable offense during litigation. The email policy is particularly shrewd because it effectively blocks employees from proving discrimination if simply possessing a work email can lead to termination.

Additionally, some employers are implementing policies around *constructive discharge* that require employees to explicitly detail intolerable working conditions and provide advance notice before quitting. These added requirements create more obstacles, making it significantly harder to establish that you were unjustly forced out.

What this means for employees is clear: you need to be more informed than ever. Don’t overlook your employee handbook—read it carefully. Pay close attention to whether you are signing an arbitration agreement and understand all workplace policies, as they could impact your rights down the line.

If you want a comprehensive overview of workplace laws, especially in today’s challenging economic climate, consider picking up my book *Thriving Through Employment: Your Essential Guide to Workplace Laws* by Elizabeth D. Tate, available on Amazon.

01/26/2025

# # # Understanding Trump's Executive Order on Federal DEI Workers and the Limits of Executive Power

In recent discussions surrounding former President Donald Trump's executive order regarding federal Diversity, Equity, and Inclusion (DEI) workers, many have raised questions about the implications of such an order and its potential impact on anti-discrimination laws like Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA). This blog aims to unpack these issues, explore the concept of checks and balances in the U.S. government, and clarify the limitations of executive power in relation to established anti-discrimination laws.

# # # # The Executive Order on DEI Workers

In 2025, Trump issued an executive order that directed federal agencies to place DEI workers on leave. This move was part of a broader agenda to reshape federal employment practices and reduce what he termed "woke" policies. Supporters argue that this order is a necessary step toward fostering merit-based hiring and promoting a more unified workplace. Critics, however, contend that it undermines efforts to create inclusive environments and could lead to discrimination against marginalized groups.

# # # # Can Trump Use an Executive Order to End Anti-Discrimination Laws?

While an executive order can influence federal policies and procedures, it cannot unilaterally repeal or invalidate existing laws such as Title VII and the ADA. These laws were enacted by Congress and are designed to protect individuals from discrimination based on race, color, religion, s*x, national origin, and disability. An executive order cannot override statutory law; it can only direct the implementation of policies within the framework of existing laws.

# # # # The Role of Checks and Balances

The U.S. government operates under a system of checks and balances, designed to ensure that no single branch—executive, legislative, or judicial—becomes too powerful. This system is crucial in maintaining the rule of law and protecting citizens' rights.

1. **Legislative Branch**: Congress has the authority to create, amend, or repeal laws. If there is significant opposition to an executive order, Congress can pass legislation to counteract it.

2. **Judicial Branch**: The courts, particularly the Supreme Court, have the power to interpret laws and can invalidate executive actions that are deemed unconstitutional or that violate statutory law. If a challenge to Trump's executive order were to arise, it would likely be examined by the courts, which could rule against it if it conflicts with established anti-discrimination laws.

# # # # The Supreme Court's Role

Ultimately, the Supreme Court holds the final authority in interpreting the Constitution and federal laws. If an executive order were to conflict with Title VII or the ADA, it would be up to the courts to determine its legality. The Supreme Court has historically played a pivotal role in upholding civil rights and anti-discrimination laws, and any attempt to undermine these protections would face significant legal challenges.

# # # # Conclusion

Trump's executive order regarding federal DEI workers raises important questions about the balance of power in the U.S. government and the protection of civil rights. While executive orders can influence federal policy, they cannot repeal established laws like Title VII and the ADA. The system of checks and balances ensures that any attempts to alter these protections will be scrutinized and, if necessary, challenged in the courts. As citizens, it is vital to remain informed and engaged in these discussions, as they directly impact our rights and the fabric of our society.

06/11/2024

Experts in the field of employment law have recently questioned the effectiveness of workplace s*xual harassment training. This is not because experts feel the training is inappropriate, but because they feel it needs to be modified. As a result, workers in Arizona and across the country may experience a change in their training in the near future.

Since the beginning of Title VII s*xual harassment enforcement, the standard form of education in the workplace has been an educational video describing different forms of workplace harassment. Some employers may supplement the video with an appearance by a speaker.

Recent evidence suggests, however, that whatever education is provided is often ignored once the video is finished. There is even evidence that many employers provide it merely to claim the training was issued. In other words, employers may provide lip service to the issue without any further attempt to change company culture.

According to a special task force created in 2016 by the Equal Employment Opportunity Commission (EEOC), training ‘must be part of a holistic culture of non-harassment that starts at the top.” The EEOC receives approximately 90.000 complaints of workplace harassment per year, and they believe that most incidents go unreported. Surveys have found that less than one in four victims of workplace harassment have discussed the incident with a supervisor or any human resource personnel. Smaller percentages still file a formal complaint.

Sexual harassment is considered a form of employment discrimination under federal law and in most states. It can take the form of direct threats to the employee or the creation of a hostile work environment. An employment law attorney is familiar with both forms, and they can help a person who has experienced this type of harassment proceed with a claim in hopes of attaining potential compensation.

*xualharassmenttraining *xualharassmentawareness

💥Website: https://www.elizabethtatelaw.com/

06/10/2024

A study by the Pew Research Center found that around 42 percent of women said they had experienced gender discrimination at work compared to 22 percent of men. Among the types of discrimination that women in Arizona and throughout the country might experience include earning less than a man doing the same job, being passed over for important assignments, being treated as though they are not competent and being denied a promotion.

However, the study also found that the women most likely to report gender discrimination were those with postgraduate degrees. Women who only had some college or less had the lowest reported rates of discrimination.

There may be several reasons for this. Women with more education might be more aware of gender bias. However, as women rise in managerial positions, they might also find that there are fewer other women in those roles. Only a quarter of the executives and 5 percent of the CEOs in the S&P 500 are women. Boards also tend to be largely composed of men. Furthermore, other research has found that employees in more senior roles tend to display more gender bias. Another reason could be that evaluating work at higher levels is less quantitative and thus more vulnerable to bias.
People who believe they are facing gender discrimination in the workplace might want to speak to an attorney about how to handle the situation. It is best to document all incidents of gender discrimination. Discrimination may be subtle, and a workplace might have channels for reporting and investigating gender discrimination that are ineffective. Senior employees at a company might be protected. However, a person may need to start by going through these channels. If the company does not respond appropriately or a person faces retaliation for reporting discrimination, the next step may be seeking legal remedies.



💥Website: https://www.elizabethtatelaw.com/

06/07/2024

Employers in Arizona and throughout the country have the responsibility to properly communicate with employees who are on FMLA leave. If eligible, an employee can take up to 12 weeks of unpaid leave every 12 months. Employers must generally let workers who are on leave know if they are close to using their allotted leave time for the year. Failing to do so could be interpreted as interfering with that worker’s right to take leave.

This was the main takeaway in the case of Ashby v. Amscan, Inc as well as the case of Dusik v. Lutheran Child & Family Services of Illinois. In the first case, an employee returned to work four days after her leave period ended, at which time she was terminated. The court ruled that the company did not sufficiently inform the worker of her rights while on FMLA leave.

In the second case, an employee needed three to six months off to recover from surgery. In this matter, the court ruled that the employer had improperly interfered with FMLA rights and engaged in retaliation as it had not communicated with the employee toward the end of the leave period. The only communication from the employer was to inform the employee of when the leave period was to begin.

Those who take leave protected under the Family and Medical Leave Act to recover from a personal illness or any other qualified reason have rights under current employment law. As a general rule, employers cannot retaliate or otherwise interfere with an employee’s right to take such leave. Workers who are demoted, receive poor performance reviews or who are terminated upon returning to work may wish to take legal action. If a harassment or wrongful termination claims are successful, employees may be entitled to compensation or other relief.



💥Website: https://www.elizabethtatelaw.com/

06/06/2024

You seek the advice of an employment lawyer at low-point in a career. Things at work just aren’t working out. You’ve been written up. Or worse yet, you’ve been fired. And it hurts. It hurts because a job is how you support yourself. It hurts because you derive self-esteem from a job. All you wanted was a level playing field. A way to earn a decent, honest living. But that’s not happening now. You’re in a daze. It’s surreal. You need help. You’re dealing with discrimination.

Ok. You’ve been told file a charge of discrimination with the EEOC. Equal Employment Opportunity Commission. Sounds like justice, doesn’t it? Someone is going to hold the employer accountable, investigate and get to the truth, right? Wrong. Now I’m going to tell you the little secret. There is no justice at the EEOC. To look for justice at EEOC is like trying to find a needle in a haystack. After a long and frustrating search, even when you do find the it, the needle has no point. It’s useless. The EEOC has no power. A toothless tiger. To keep your sanity during this trying time, you have to view the EEOC as just it is. The EEOC is an agency to provide a formal process to get your right to sue letter. Nothing more or less. You may get a mediation and a preview of your employer’s defense but that’s it. Expecting more will leave you dissolution. Why? Because the EEOC was never designed for justice. Congress created the EEOC as result of political compromise. Conservative politicians did not want protected classes directly hauling employers into court with lawsuits with impunity. Congress created the EEOC to slow a litigant’s momentum with mandatory legal requirements. You must file your charge within 180 days unless there is a similar state statute that extends it to 300. You must wait to get a right to sue or request it. When you get your right to sue you must file suit 90 days. Many good discrimination cases are never filed because of blown EEOC requirements, just as the conservative politicians wished.

Never look for justice at the EEOC. Keep your expectations very low to keep your sanity. You’re not guaranteed an investigation. The EEOC may refuse to make your employer respond to your charge. If so, don’t fret. You still get your right to sue. Keep your eye on the right to sue.

Your investigator is not supposed to take sides. He or she interviews you and doesn’t think much of your case. Don’t fret. Investigators are not lawyers. Good lawyers know the law and how to prove your case. Keep your eye on the right to sue. Now I’ve told you the little secret about the EEOC. Justice is never found at the EEOC. So get your right sue, hire an attorney and get ready to do battle in the courtroom where justice may found, but then, only on a good day. Stay strong.



💥Website: https://www.elizabethtatelaw.com/

06/05/2024

Fathers in Arizona and throughout the country may be entitled to FMLA leave to care for a newborn child. They may also have the ability to take leave to care for the mother during and after her pregnancy. However, not everyone has access to either unpaid leave under FMLA or paid leave offered by a state government or an employer. According to the National Compensation Survey, only 14 percent of civilians have access to paid leave.

Most companies that offer paid leave are in the tech sector or in other professions that require employees who are highly educated or have special skills. Amazon, Netflix and Microsoft are companies that are known for their paid family leave packages. It is thought that offering paid family leave may help to reduce the gender pay gap. Sweden offers new parents up to 480 leave days that they can share.
For an employee to be eligible for FMLA leave, he or she would need to work for a covered employer. These employers are private companies that have 50 or more workers. That person would also need to be employed by a company for at least 12 months and worked 1,250 hours during that time.

Typically, employers are not allowed to base employment decisions on the fact that someone has taken FMLA leave. Although it is unpaid leave, employees are generally entitled to their jobs back when they return to their employers. This is true whether the person taking leave is male or female. If an employee’s FMLA rights are violated, he or she may be entitled to compensation or other relief. An attorney may review the case to help obtain a favorable outcome.



💥Website: https://www.elizabethtatelaw.com/