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Employment Law

Does health insurance discriminate against single or childless workers?

05/01/2007

Q. My company pays health insurance for all spouses, children and domestic partners of my co-workers. I am single and don’t have children or a domestic partner. Am I being discriminated against since they receive more benefits than I do?

Do a Passed-Over Worker’s Complaints Against a New Boss Count as Harassment?

05/01/2007

Q. A more senior employee was recently passed over for a promotion because a newer employee is clearly more qualified. Now that this person is the boss, the more senior employee has filed several petty complaints against her. Although we are aware that these complaints are completely invalid, as the HR department, we have to take them seriously. But it is a shame for the new supervisor to have the complaints piling up in her file. Is this considered harassment?

Personal liability for HR professionals?

05/01/2007

Q. I know that my company can be sued by my current and former employees for its employment actions. Do I, as an HR professional, have personal liability for my participation in employment decisions?

How to discuss late hours without bringing up family obligations

05/01/2007

Q. We have a position open in our sales department for someone who will be planning and executing company-sponsored events, most of which would take place outside normal 9-to-5 working hours. Is there a way we can ask about the applicants’ family situations and make it clear that missing these events because of family obligations would not be tolerated?

Revising crisis plan? Consider disabled workers’ needs

05/01/2007

In light of April’s shootings at Virginia Tech, organizations are taking a fresh look at their evacuation and emergency notification procedures. When you review yours, resist the well-intentioned temptation to lessen risk by shunting aside disabled employees …

Manager who did the hiring also should do the firing

05/01/2007

It may be a good idea to track who in your organization makes the decisions to hire specific employees. That way, those managers can also be part of the decision to discharge employees who turn out to be duds …

Seek accommodations even if the effort seems impossible

05/01/2007

As soon as an employee makes it known that he needs accommodations, it’s up to the employer to start an interactive accommodations process, even if it turns out that no accommodation is possible …

Pick qualification standards and stick with them

05/01/2007

Sorting through candidates for promotion? Make sure you apply the same education and experience standards to all of them. If you don’t, chances are at least one spurned candidate will consider a lawsuit …

New law, pending bill extend workers’ rights to use deadly force

05/01/2007

Gov. Rick Perry recently signed new legislation that extends an individual’s right to use force without retreat in the face of a criminal attack. Until now, a 1995 exception to a 1973 statute required persons to retreat except when an intruder unlawfully entered their home. Senate Bill 378, however, extends the right to persons in their vehicles and workplaces as well …

Three workers’ compensation bills pass Texas House

05/01/2007

On March 22, three workers’ compensation bills sponsored by state Rep. Helen Giddings passed the full House …