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Employment Law

What should we do about reports that new employee smells of alcohol?

11/06/2013
Q. There have been a few reports from co-workers about a new employee smelling of alcohol, although he shows no sign of intoxication. Can we ask him if he has been drinking on duty?

It’s business as usual, even after sex change

11/06/2013
Here’s a tip for handling em­­ployees undergoing sex changes: Make sure the employee isn’t har­­assed and that it’s business as usual in the workplace. Treat the employee as you always have and don’t fear legitimate discipline or an evaluation based on performance.

On eve of flu season, know what FMLA covers

11/06/2013
Every year, flu season brings confusion and questions over whether the flu or a common cold can rise to the level of “serious health condition” that qualifies for FMLA leave. The regulations state, “Unless complications arise, the common cold [and] flu … do not meet the definition of a serious health condition and do not qualify for FMLA leave.”

Beware subtle age-bias peril: Don’t assume older employees are ready to retire

11/05/2013
Employees in this day and age often want or need to keep working despite advancing age. If you force out those workers, you’re asking for trouble.

Is it illegal to tell male employees to shave?

11/05/2013
Private employers have the right to set their own dress and grooming codes. That can include setting limits on employees’ facial hair unless an employee can’t shave because of a documented medical condition or due to a religious requirement.

ENDA nears Senate passage

11/04/2013
Fifty-six senators have said they will vote for the Employment Non-Discrimination Act (ENDA) if it comes up for a vote this month.

Be sure to document any deviation from evaluation rules

11/01/2013

Following your own rules for discipline, promotion and evaluation is the best defense against a discrimination lawsuit. But that doesn’t mean you can’t make exceptions to your rules when the situation calls for it. Just make sure that you document why you made the exception at the time you did.

Texas AG lawyer blows whistle on hostile work environment

10/31/2013
An attorney in Texas Attorney Gen­­eral Greg Abbott’s office has filed a whistle-blower complaint claiming he has been forced to work in a hostile environment. Among his allegations: rampant discrimination, misuse of taxpayer dollars and falsification of hourly time sheets.

EEOC: Longview Popeye’s violated ADA

10/31/2013
The EEOC is suing a Popeye’s Chicken and Biscuits franchisee, alleging it illegally refused to hire an HIV-positive man for a job at a Longview restaurant. In its complaint, the EEOC claims Famous Chicken of Shreveport violated the ADA when it refused to hire the well-qualified applicant because of his condition.

Car dealership faces ­disability bias charges

10/31/2013
A former general manager at Benny Boyd Chevrolet-Chrysler-Dodge-Jeep in Lubbock claims he was denied partnership in the company when he developed multiple sclerosis.