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Employment Law

Racism, bias allegations roil Texas Parks and Wildlife

06/26/2013
A black game warden-in-training—one of only two black cadets in her class—has filed an EEOC discrimination complaint against the Texas Parks and Wildlife Department. At the same time, the EEOC also granted a white game warden permission to file a federal lawsuit alleging that supervisors instructed him to “distance himself” from black colleagues.

Insist that workers follow internal grievance process

06/26/2013
Do you require employees to use an internal grievance policy when they have a complaint about working conditions? That policy may apply to re­­tal­­i­­ation claims too, even if the em­­ployee has been fired. Failing to use the proc­­ess may cancel the right to sue.

Court: True volunteers aren’t covered by Title VII

06/26/2013
Except under very limited circumstances, volunteers aren’t considered employees under Title VII. That means they can’t sue for things like sexual harassment.

Even innocent age-related comments can trigger a bias lawsuit

06/26/2013
Here’s something to add to your regular training sessions for managers and supervisors. Warn them against making age-related comments. These can backfire, even if they aren’t intended to be ageist or demeaning to anyone.

Court rules firing based on lactation is sex discrimination under Title VII, PDA

06/26/2013
The EEOC has won a major case in its ongoing efforts to help lactating women who want to return to work. The 5th Circuit has accepted the commission’s interpretation that firing a woman who needs a place to express milk at work is both sex discrimination under Title VII and violates the Pregnancy Discrimination Act (PDA) because lactation is related to pregnancy.

No cooperation on ADA accommodations? Then it’s time to consider termination

06/26/2013
Some disabled employees take the approach that it’s their way or no way when it comes to accommodations that would allow them to perform the essential functions of their jobs. Fortunately, employers have leeway in exactly which accommodation should be used.

Truckers put brakes on OT suit, accept settlement

06/26/2013
Gravel truck drivers at a Houston-area concrete company will split $173,863 in back overtime pay following a settlement with their employer, Porter Ready Mix. Instead of paying the 16 truckers an hourly rate, the company paid them by the trip.

Court: Vague EEOC complaint isn’t protected

06/26/2013
By now, you no doubt understand the dangers of retaliating against someone who has filed an EEOC discrimination complaint. Some workers think all it takes to stop legitimate discipline is to file with the agency. But courts are losing patience with workers who use this tactic.

Create–and enforce–policy requiring honesty

06/26/2013
Employers want honest ­employees who don’t lie, cheat or steal. To encourage honesty, be sure your company has a policy requiring honesty. That way, it’s easy to terminate someone you believe has acted dishonorably.

New psych manual could open floodgates for disability cases

06/26/2013

The new version of the main psychiatric diagnosis manual, the Diagnostic and Statistical Manual of Mental Disorders, loosens the criteria for defining some rather ­ordinary conditions as mental illnesses. This could lead to many more employees claiming job-protected disabilities covered under the ADA.