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Texas

Only one bite at the apple when it comes to bias cases

11/30/2011
A Texas court has headed off an employee’s attempt to sue twice for the same discrimination claim—once in federal court and again in Texas.

Court: Punishment for helping outsider file harassment complaint isn’t retaliation

11/30/2011
The U.S. Supreme Court’s Thompson v. North American Stain­­less decision said that it was illegal retaliation to punish the fiancé of someone who had complained about sexual harassment. But what about punishing an em­­­­­­ployee because an outsider has filed sexual harassment charges? Accord­­ing to a recent decision, that isn’t illegal under Title VII.

Don’t let FMLA request stop discipline that was already in the works

11/30/2011

Employees may think that by making a request for FMLA leave, they can stop their employer’s legitimate disciplinary actions. That’s not true. Employers that can clearly establish an independent reason for discipline seldom lose an FMLA retaliation case.

Before starting ADA accommodations process, ask basic question: Is this employee disabled?

11/30/2011
Finding a reasonable accommodation is a two-way street. Both the employer and the disabled employee are supposed to engage in the ADA’s interactive accommodations process. But part of that interactive process includes determining whether the employee is, in fact, disabled. If he’s not, the process need go no further.

You–not worker–choose ADA accommodation

11/30/2011
Employers, not disabled employees, have the right to decide which reasonable accommodation will be used. As long as the accommodation works and the employee is able to perform her job with it, no additional help is due.

Don’t tolerate insubordination, rudeness

11/30/2011

You know her—the abrasive em­­ployee who’s just plain hard to work with. Employers sometimes fear disciplining such employees, thinking that any legitimate criticism will be perceived as some sort of discrimination. Stop living in fear.

After hours: How to regulate employees’ off-duty behavior

11/29/2011
Employers can regulate what employees do away from work—but only within narrow limits. There are often good reasons to. Some off-duty acts reflect poorly on employers, raise insurance costs and create conflicts of interest. Here’s how to make the call.

Worried about ADA: Can we discipline for misbehavior caused by medical condition?

11/07/2011
Q. One of our employees recently violated a work rule by shouting at his supervisor. After the incident, the employee disclosed to the company for the first time that he had a mental disorder that he claims caused his conduct. Can we discipline him, or would that be disability discrimination?

Are criminal records ‘consumer reports’?

10/31/2011
Q. I understand that the Fair Credit Reporting Act (FCRA) requires disclosure to and authorization from job applicants prior to obtaining consumer reports concerning these individuals. My company obtains criminal background records on all applicants. Are these records considered “consumer reports” under the FCRA?

Are we allowed to round off hours worked?

10/31/2011
Q, My company tracks the hours of nonexempt em­­ployees using a time clock. In determining their wages, can we round up or down to the nearest five-minute increment?