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Louisiana

Light duty for pregnant employees? Not if you don’t offer it to other disabled workers

03/06/2019
Pregnant employees are entitled to light-duty assignments if the employer allows other disabled employees to be assigned to temporary light-duty positions. But what if no such work is available?

Watch 180-day deadline for complaints under Texas Commission on Human Rights Act

02/12/2019
Employees alleging discrimination under the Texas Commission on Human Rights Act have 180 days from the date of the last discriminatory act to file complaints with either the Texas Commission on Human Rights or the EEOC.

Prepare to show you would have disciplined even if employee wasn’t a whistleblower

01/22/2019
Sometimes, an employee may decide to take revenge if she perceives she has been unfairly disciplined. If she does so by becoming a whistleblower, she may believe that protects her from eventual termination. That’s not true if the employer can persuade a court it would have disciplined or fired her whether she reported alleged wrongdoing or not.

Court discovers deception, tosses out previous decision

12/04/2018
Here’s a rare case in which a court reversed a ruling that favored an employee because he had deceived his former employer.

Always record the date when you made a decision to fire

12/04/2018
Do you note the date and time of every termination decision? If not, you should.

Be sure to document reasons that led to your decision to terminate

12/04/2018
No matter how fair you have been, always assume an employee who has been disciplined will sue, alleging some form of discrimination. Be prepared!

Choose the best candidate, don’t sweat liability

11/13/2018
When you have several excellent candidates for the same position, it can be difficult to pick which one should get the offer. As long as you document why you picked one of the qualified candidates over the others, chances are you won’t lose a lawsuit.

Clearly document the rationale for disciplinary decisions you make

10/22/2018
Before disciplining a worker, be sure to think about how you might defend the decision later. Then document all the reasons why the employee deserves the punishment you propose.

How to handle requests for religious time off

10/09/2018
It’s perfectly legitimate to require employees to request religious leave well in advance. If you have a process to ask for time off for other kinds of leave, use it for handling requests for religious leave, too.

Disability is no excuse for poor performance

09/17/2018
Disabled workers are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. However, accommodations must be related to the disability. They can’t serve as an excuse not to perform essential job functions.