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Employment Law

Can law enforcement agencies prohibit uniformed officers from wearing religious garb?

05/11/2009

Q. As a law enforcement agency, we have several employees who want to wear religious garb with their uniforms. Our uniform regulations do not provide any accommodation for religious symbols or dress. Can we require strict compliance with the uniform regulation without violating religious discrimination laws?

What’s likely to happen when an employee waits two months to charge harassment?

05/11/2009

Q. A female employee has made a hostile environment claim for the first time. She alleged that her male supervisor began sexually harassing her more than two months ago. She claims she didn’t complain sooner because she feared her supervisor would retaliate against her. Based on her excuse, will we still be able to defend against a lawsuit claim by asserting that she unreasonably failed to use the complaint procedure available to her to prevent and stop any alleged harassment?

Support exempt decisions with job analysis

05/06/2009

If an employee asks to be reclassified from nonexempt to exempt, make sure you carefully look at her position to determine her proper classification. If you have a legitimate reason for your classification decision, chances are she won’t be able to win a claim that you discriminated when you refused to reclassify her as an exempt employee.

Boss who hired also fired? Back it up anyway

05/06/2009

Most of the time, employers can win discrimination cases by showing that the same “actor” hired and fired an employee. Courts generally assume that the employer’s stated reason for discharge is the true reason and not an excuse to cover up discrimination. That doesn’t mean, however, that you can be loose with your discharge reasons.

Investigate in good faith and your credibility call will stand—even if wrong

05/06/2009

When employers investigate discrimination claims, they don’t have to act like courts of criminal law, deciding whether an employee is telling the truth “beyond a reasonable doubt.” Don’t feel paralyzed if a discrimination investigation boils down to one employee’s word against another’s. Use your best judgment to decide who is telling the truth and go with that judgment.

Check for retaliation before disciplining employee who requested ADA accommodations

05/06/2009

Do you have a manager who wants to discipline an employee who just requested a reasonable accommodation under the ADA? Before you approve the discipline, make sure the manager can document past problems or that the discipline is warranted based on a serious rule infraction that has happened since the request.

Use your solid records to counter employee’s claim of discriminatory treatment

05/06/2009

The difference between winning lawsuits and losing them often comes down to good record-keeping. When an employee sues for discrimination, for example, a solid discharge reason will trump the allegations unless the employee can show it was false or that others weren’t discharged for similar problems.

Firing suspected thief? Don’t broadcast the reason

05/06/2009

Employee theft is a huge problem, and employers are sometimes tempted to make an example of a thief. They hope to discourage other employees from stealing. It’s a bad idea, because the alleged thief may sue for defamation. Instead, keep the information as confidential as possible.

Texas Supreme Court upholds noncompete agreement

05/06/2009

Texas courts ordinarily reject noncompete agreements that require employees not to disclose confidential information if the employer has failed to provide the employee with that confidential information. But now the Texas Supreme Court has modified that stance.

Brownsville twins guilty in visa fraud scheme

05/06/2009

A federal jury has convicted twin brothers from Brownsville of conspiring to obtain fraudulent work visas in exchange for payment. The jurors handed down guilty verdicts against Alberto and Bernardo Pena for obtaining visas for immigrants from India in exchange for at least $20,000 per visa.