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Employment Law

ACA: What majority agrees on

04/08/2014
As the Affordable Care Act’s March 31 deadline loomed for individuals to sign up for health insurance, 38% of the public viewed the law favorably and 46% opposed it, according to a Kaiser Family Foundation poll.

Base pay on job–not title or job description

04/08/2014

To avoid unintentional bias, HR and supervisors must look deeper than job descriptions when setting up pay scales. That’s why it’s best to regularly reevaluate your job descriptions and match them to actual job tasks and duties.

EEOC issues new guidance on religious garb and grooming

04/08/2014
In an attempt to clarify employers’ rights and responsibilities under Title VII’s prohibition against religious discrimination, the EEOC has issued a new guidance document regarding religious clothing and grooming in the workplace.

What are the rules for intermittent FMLA leave?

04/07/2014
Q. One of our employees has requested to take leave from work periodically to receive treatment for a medical condition. Are we obligated to allow the employee to take leave intermittently?

Confidentiality promise broken? Don’t count on getting money back

04/07/2014
You may have read the recent headlines about a Facebook posting that unraveled a confidential settlement agreement between a prep school employee and the school. The employee’s daughter took to Facebook to brag that the family was planning a European vacation courtesy of the settlement …

Brownsville answers ADA suit in case of fired police officer

04/07/2014
The city of Brownsville has filed its answer to a former police officer’s suit alleging the city violated the ADA when it fired her shortly after discovering she suffered from Sjogren’s syndrome, which causes headaches, dry eyes and joint pain and swelling.

Disabled waitress sues after Houston restaurant raises bar

04/07/2014
Nick’s Restaurant and Sports Bar in Houston faces an EEOC lawsuit after it allegedly stopped accommodating a disabled em­­ployee with dwarfism.

Not every work dispute is a ‘federal case’

04/07/2014
Federal courts are beginning to be more selective in the types of employment discrimination cases they consider. No longer can employees essentially “make a federal case” out of any workplace dispute.

Don’t let lawsuit fear stop appropriate discipline

04/07/2014
Some employers want to avoid litigation and don’t like to discipline someone they are sure will sue. That can be a mistake, especially if the employee in question is harassing or discriminating against others.

Comments don’t always have to be overtly sexual to create hostile environment

04/07/2014
When a supervisor constantly ridicules an employee, watch out. The worker may have a hostile work environment claim if she can tie the demeaning comments to just one or two overtly sexual ones.