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Louisiana

Nip harassing speech in the bud to protect against hostile work environment liability

07/02/2019

Not every sexual comment at work is enough to create a hostile environment. If, for example, the target of harassing speech complains and the employer steps up to stop further comments, there are no grounds for a lawsuit. Here’s how that played out in a recent case.

Beware snarky anti-nationality comments

07/02/2019

When supervisors make snide comments about an employee’s ethnicity and then demote or otherwise change that employee’s working conditions, those comments may be considered evidence of bias.

Court: Sexual orientation bias isn’t sex bias

05/31/2019

In a case with an unusual twist, a federal appeals court has ruled that Title VII’s prohibition against sex discrimination doesn’t extend to discrimination based on sexual orientation.

Counter employee perception of unfairness by offering the facts of what really happened

05/06/2019

Some employees are suspicious that their co-workers might be getting workplace advantages that they’re missing out on. Fortunately, courts require feelings to be backed up by cold, hard facts showing discrimination.

Avoid preconceptions about what disabled employees can and cannot do

04/16/2019

Stick to the tasks you’ve identified as essential. Don’t change the list of essential job functions based on what you think you know about the disability.

Reasonable accommodation offered and refused? You have met your ADA obligations

04/16/2019

If it’s clear there’s no reasonable accommodation that will allow the worker to perform his present job, then the employer is free to offer another position he can perform, even if it pays less. If the worker refuses the offer, then he has ended the interactive process.

Warning letter doesn’t count as retaliation

04/15/2019

Retaliation must include an adverse employment action such as termination, demotion or some other substantial and negative action like transfer to an undesirable shift. A mere letter of warning doesn’t rise to the required level of adversity.

Respect the results of outside investigations into complaints

03/26/2019

Be prepared to honor the findings of outside investigators you hire to get to the bottom of internal complaints. Accept the results and act immediately to remedy the situation.

Workers’ comp: What happens in Texas stays in Texas

03/06/2019

Employees claiming retaliation for making a workers’ compensation claim in Texas can’t make a federal case out of it. Such claims must be heard in state courts.

Is that hate speech … or merely offensive?