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Employment Law

Retaliation alert: Don’t punish boss for refusing to alter disputed performance review

05/01/2013
Here’s an important reminder for senior executives: If an employee says she will sue for discrimination unless her evaluation is changed, don’t punish her supervisor if he refuses to go along. That could amount to retaliation for protected activity—meaning you could have two lawsuits on your hands.

Can unmarried couple both take FMLA leave for newborn?

05/01/2013
Q. A while ago two of our employees developed a romantic relationship. They are now expecting a baby and both put in a request for family leave to bond with their newborn. Are we required to give both workers leave for the birth of their child—even if they are not married?

New military caregiver leave rules continue FMLA expansion

05/01/2013
The DOL has issued new regulations implementing statutory changes to the FMLA that increase coverage for military families.

Texas Senate considers long-shot LGBT-rights law

05/01/2013
The Texas Senate is considering a bill that would ban discrimination against lesbian, gay, bisexual or transgendered employees and job applicants. Introduced by Sen. Leticia Van de Putte, S.B. 237 would prohibit employment discrimination based on sexual orientation, gender identity and gender expression.

Break in employment may cut hostile environment liability

05/01/2013
If an employee chooses to return to work in a hostile environment, that makes it much harder to successfully sue for harassment.

Invoke arbitration rights as early as possible

05/01/2013
If an employee has signed an agreement promising to arbitrate employment claims, tell the court right away and ask it to compel arbitration. Otherwise, the court might decide that you waived your right to ask.

Disabled employee always calling in sick?

05/01/2013
Disabled employees may be en­­titled to some time off as an accommodation, but there are limits. If an employee is constantly absent when his disability makes it impossible to work, you may be able to discharge him. That’s because attendance can be an essential function of a job—and constantly missing work may show that the employee can’t perform that essential function.

‘Mixed-motive’ retaliation case: Who pays attorneys’ fees?

05/01/2013
In some rare cases, employers can win a case in which they disciplined or terminated an employee for illegal reasons. Usually, the employer has to pay the employee’s legal costs. But it’s been an open question whether that’s true in “mixed-motive” retaliation cases. Now the 5th Circuit has clarified that the em­­ployer isn’t on the hook for em­­ployee attorneys’ fees.

USERRA: Accommodate returning vets–but insist that they follow reinstatement rules

05/01/2013
Employees who serve in the military are entitled to return to their jobs after their active duty ends and otherwise receive special consideration for service. But those rights have limits.

AFL-CIO opposes banning deductions for PAC funding

05/01/2013
The Texas chapter of the AFL-CIO is opposing a bill introduced in the state House of Representatives that would criminalize payroll deductions for contributions to political action committees.