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Louisiana

How not to treat a pregnant employee

08/01/2007

Pregnant Texas employees are protected from discrimination under the Texas Commission of Human Rights Act (TCHRA). The TCHRA prohibits sex discrimination and makes it an “unlawful employment practice if because of … sex … the employer discharges an individual.” It also defines sex discrimination to include “discrimination because of or on the basis of pregnancy.” …

FMLA obligation ends when worker says he won’t return

07/01/2007

The FMLA guarantees a qualified employee up to 12 weeks’ unpaid leave and the right to return to the same job (or a substantially similar one) after the leave ends. But employees don’t always return …

Hypersensitive employee doesn’t get special protection

07/01/2007

Most organizations realize they have to take reasonable steps to stamp out sexual harassment. Their efforts have probably done a lot to wipe out the most blatant examples,  but what about more subtle harassment? …

Suggest alternative job, and let employee get clearance

07/01/2007

When a disabled employee asks for an accommodation, your organization is supposed to discuss the request and make suggestions …

When filing lawsuits, employees not entitled to ‘Two bites at the apple’

07/01/2007

A recent federal appellate court ruling should give some comfort to employers in Texas and other states in the 5th Circuit …

You Can Issue ‘Gag Order’ While Investigating Complaint

06/19/2007

Nothing disrupts a workplace like unbridled rumors, especially when it’s about a sexual harassment complaint. Such chatter can make it hard to carry out a fair and impartial investigation. For that reason, you can—and should—be proactive about curbing idle speculation while your organization investigates …

Use workers’ compensation policy checklist to avoid retaliation lawsuits

06/01/2007

Texas, like many states, makes it illegal to retaliate against employees who file workers’ compensation claims. To avoid such a lawsuit, make sure managers and supervisors treat injured workers fairly …

OK to change job requirements, but be prepared to justify

06/01/2007

Jobs evolve and often become more complex, so it makes sense to revisit job requirements when someone quits, retires or is promoted. There’s no better time to re-evaluate positions to make sure the next job candidates will have the skills, training and experience necessary to succeed. But if you don’t document the changes carefully, you may find yourself facing a lawsuit …

Solid reasons for firing protect against retaliation charges

06/01/2007

Nothing will land an employer in legal hot water faster than firing an employee who just made a discrimination complaint. At first glance, it will almost always look like retaliation. But that doesn’t mean your hands are tied …

If you don’t have a policy, you don’t have a defense

06/01/2007

If you don’t have a sexual harassment policy (or if no one pays attention to the one you have), watch out! You’ll have to pay compensatory damages if an employee can prove he or she was sexually harassed—and you also could pay punitive damages …