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Texas

‘Hispanic’ may indicate race or national origin

05/30/2012
When an employee or applicant wants to initiate a race or national-origin discrimination case, the first step is filing an EEOC complaint. The forms include boxes to check, designating the kind of bias alleged.

Good judgment, thorough documentation win cases

05/30/2012
Your organization will be sued at some point. That’s why you should make sure every employment decision is backed by good judgment. Document the decision for later use.

Be prepared to explain why hiring criteria favor experience more than education

05/30/2012
Some jobs demand relevant, real-world work experience. If a failed applicant sues, claiming a college degree should have trumped on-the-job experience, you’ll probably win—if you can justify your experience requirements.

Hiring managers aren’t doctors! Don’t let them turn away disabled applicants

05/30/2012
Remind managers who take job applications that they can’t automatically turn away applicants with disabilities. That can cause a lawsuit that could result in huge punitive damages.

Consider both the ADA and the FMLA when handling employee substance abuse

05/30/2012
The ADA and the FMLA work together to give options to employees with drinking problems, with the goal of helping them get sober and stay that way. If one of your employees needs treatment for alcoholism, consider both laws when approving time off or altering his schedule.

Court: Union contract limits arbitrator’s role

05/30/2012
In a union workplace, the collective bargaining agreement outlines rights for both employees and the employer. It also defines the powers an arbitrator may have if called on to interpret the contract. If the arbitrator goes too far, a court can reverse his or her decision.

FMLA mentioned? Beware inadvertent retaliation

05/30/2012
After an employee tells you he needs FMLA leave, don’t let that information affect your decision-making about promotions or transfers. That could trigger a lawsuit.

New penalties under Texas wage-theft law? I heard it’s now a criminal offense

04/30/2012
Q. I heard that a new law allows criminal prosecution of employers that commit “wage theft.” Is it true?

Does the FMLA apply to employees who have domestic partners?

04/30/2012

Q. Several of our employees live with domestic partners. Are our employees entitled to FMLA leave to care for a partner?

What are the Texas voting leave rules?

04/30/2012
Q. Must we give our employees time off to vote? If so, must we pay the employees for the time they spend voting?