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Employment Law

Same person sends hundreds of applications? Don’t fall into discrimination lawsuit trap

11/12/2015

Sometimes an eager candidate will apply for several jobs with the same employer. If you are sure he or she isn’t qualified, you don’t have to agree to an interview for each open position. Be aware that if you do interview him for one of the positions and choose someone else outside his protected class, he may sue and argue he was much better qualified than whoever you did choose.

Think twice before suddenly withdrawing ADA accommodation that’s been working

11/12/2015
Once you have an accommodation in place for a disabled employee, don’t suddenly take it away. If the accommodation has been working, that may spur an ADA lawsuit.

Court stops funds diversion in largest EEOC verdict

11/12/2015
The battle to collect the largest EEOC verdict on record continues. A U.S. district judge has overridden a confidential settlement involving a Texas land deal that would have re-directed over half a million dollars away from a class of 32 intellectually disabled former employees of Hill Country Farms.

Home health care firm said to fire worker for being pregnant

11/12/2015
The EEOC claims Your Health Team illegally fired a home health care aide simply because she was pregnant.

Drivers ed: Take it up with the DOT first

11/12/2015
A truck driver who is required to maintain U.S. Department of Transportation certification can’t sue his employer for disability discrimination if terminated without first pursuing remedies through the DOT. Until he’s done so, he isn’t “qualified” for the position and can’t sue for alleged disability discrimination.

Strip illegal terms from arbitration agreements

11/12/2015
If you use an arbitration agreement for Texas employees, be aware that including terms that limit the kinds of relief employees can seek in arbitration aren’t legal.

Asking your employees medical questions: What’s legal, what’s not?

11/12/2015
The ADA states that employers “shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature and severity of the disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity.” What does that mean?

The NLRB ‘joint employer’ decision: New risks, new liability

11/09/2015
Under a new standard, many contingent employment arrangements may open the door to union organizing activities.

Key Supreme Court case could affect controversial union shop fees

11/09/2015
Among the cases that the U.S. Supreme Court has agreed to hear during its 2015-2016 term is one of particular significance to those in the public sector—Friedrichs v. California Teachers Association. A decision in favor of the plaintiffs has the potential to affect the implementation and regulation of union agency shop fees nationwide.

Requesting Sunday off for ‘religious reasons’ not enough

11/09/2015
Employees who want to alter their schedule to accommodate religious needs need to do more than simply mention religion generally. At a minimum, they need to explain their religious practices.