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Employment Law

Neither ADA nor FMLA require indefinite leave

07/02/2019
Disabled workers with serious health conditions have other time-off options once FMLA leave expires. But there is no requirement for employers to provide continuous, indefinite leave based on the mere hope that the worker will soon be able to return to work.

Asking for 3rd medical opinion gets a lawsuit in reply

07/02/2019
Brock Services, a Houston maintenance company, faces an EEOC lawsuit after it terminated a scaffolding team leader due to his impaired vision.

Court: 5 weeks off could be reasonable accommodation

07/02/2019
Not every disabled employee can return to work as soon as he’s used up all available leave. Firing him before even considering extra time off as a reasonable accommodation could trigger a failure-to-accommodate lawsuit.

Court: Merely being transferred to a new location isn’t enough to support a lawsuit

07/02/2019
Employers have the right to manage their workplaces. That includes moving personnel where the employer needs coverage. Such a transfer, under similar conditions and with the same pay and benefits, isn’t an adverse employment action.

Nip harassing speech in the bud to protect against hostile work environment liability

07/02/2019
Not every sexual comment at work is enough to create a hostile environment. If, for example, the target of harassing speech complains and the employer steps up to stop further comments, there are no grounds for a lawsuit. Here’s how that played out in a recent case.

Employee complaint about intimidation is your call to action: Investigate immediately!

07/02/2019
Employers are making a mistake if they don’t immediately take action when a worker complains about intimidation and implied threats. While all complaints should be taken seriously, some require more immediate action and solutions.

Beware snarky anti-nationality comments

07/02/2019
When supervisors make snide comments about an employee’s ethnicity and then demote or otherwise change that employee’s working conditions, those comments may be considered evidence of bias.

EEOC: Restaurant owner harassed teen employees

07/02/2019
The EEOC is suing Tosca Americana Italian Kitchen, a restaurant in the Houston suburb of Atascocita, alleging one of its owners regularly harassed female employees, some of whom were underage.

Same broken rule, different discipline: Show why you punished one more harshly

06/28/2019
Courts like to see employers equally treat workers who break the same rules. That doesn’t mean employers have no wiggle room. The key is to document why one worker deserves a different punishment than another for breaking the same rule.

Warn young bosses against comments that trigger suits

06/27/2019
Sometimes, new supervisors don’t realize the long-term harm a few unwelcome comments can create. Take, for example, calling an older worker “pa” or “young feller.” That could be the germ of an age discrimination lawsuit.