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Louisiana

Don’t rush to judge accommodation requests; ADA requires interactive give-and-take

07/08/2009

Employees who qualify as “disabled” under the ADA have the right to reasonable accommodations to allow them to perform the essential functions of their jobs. But choosing those accommodations requires an “interactive process” between employer and employee. Employers that rush to judgment about the alleged disability or the accommodation request will risk legal trouble.

Beware vengeful boss’s shadowy retaliation

06/01/2009

Even if someone else in the management hierarchy actually terminates an employee, a supervisor who’s seemingly had it in for the employee can still cause a world of legal headaches for the employer. This is the so-called “cat’s paw” legal theory, which holds that employers are liable if they approve a recommendation that is based on illegal motives such as retaliation.

Cite specifics when firing to beat discrimination charges

06/01/2009

Employees who are fired have little to lose and everything to gain by filing a discrimination lawsuit. That’s why you should be prepared to show exactly why you terminated an employee and how the punishment fit the crime—especially if others kept their jobs after similar violations.

In down economy, it’s more important than ever to track every résumé submission

04/07/2009

If you have a fairly informal job application process, now’s the time to firm it up. The prolonged economic downturn means you’re likely to receive more and more applications. And that means more potential for lawsuits from unsuccessful job seekers.

Courts to employees who bring meritless suits: Pay up!

04/07/2009

Nothing is more frustrating than having to spend time and money defending a frivolous lawsuit. But courts are becoming just as frustrated as employers, and are increasingly assessing costs against employees who lose their lawsuits. You can’t get your time back, but at least you can recover some of your money.

Root out unintentional pay discrimination

02/02/2009

Here’s yet another good reason to closely review employee compensation: Legislation overturning the U.S. Supreme Court decision in the Lilly Ledbetter case has been enacted. Employees will now be able to sue their employers for any discriminatory pay decisions made years ago that still show up in current paychecks.

In pay discrimination cases, job duties—not titles—are what count for comparison

02/02/2009

Employees may assume that, just because they hold the same job title as another employee, they should receive the same pay. But the label an employer assigns to a job isn’t nearly as important as the job duties performed by the person holding the job.

Absent genuine doubt, grant FMLA care request

01/05/2009

Here’s a risk you’ll run into if you refuse to let an employee take time off to care for a child she says has a serious health condition that requires her care: If you guess wrong and the case goes to trial, it’s up to the jury to decide whether the child’s condition rose to the serious level.

5th Circuit passes on NLRB cases from elsewhere

01/05/2009

The 5th Circuit Court of Appeals, whose decisions cover Texas employers, tends toward conservative rulings. It recently rejected a case that could have opened up the litigation floodgates for companies that have pending unfair labor practice charges.

Insist whistle-blowers use internal process before suing or calling authorities

01/05/2009

It may not be particularly comfortable for government employees to bring alleged wrongdoing to their supervisor’s attention, but whistle-blowers have to muster the courage to do just that. The Texas Whistleblower Act says so.