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Texas

After a brief FMLA leave, can we request a second opinion to make sure the worker is ready to return?

10/04/2010
Q. We have an employee returning from FMLA leave. His physician has issued a fitness-for-duty certificate. However, we have doubts about the worker’s ability to perform his job because he wasn’t off work very long … Can we send him to another physician for a second fitness-for-duty examination?

Watch out! These people are looking for work!

10/04/2010
Desperate times mean job-seekers are resorting to desperate measures to make their résumés stand out in a crowd. CareerBuilder.com recently asked HR pros to share recent résumé goofs they’ve encountered. As you sift through that growing stack of résumés, watch out for these applicants:

EEOC throws book at Houston firm for alleged ADA violation

10/04/2010
The EEOC is suing ENGlobal Engineering, based in Houston, for disability discrimination after the company fired a worker with multiple sclerosis. The EEOC suit alleges violations of the ADA, and seeks almost every possible kind of compensation: back pay, interest, lost wages, front pay, out-of-pocket expenses, court costs, punitive damages and damages for emotional pain and suffering, inconvenience and mental anguish.

Jailhouse sex, alleged pay-back lead to lawsuit in Caldwell

10/04/2010

A former Caldwell County corrections officer has filed a discrimination and whistle-blower lawsuit claiming that she lost her job after telling a supervisor she had seen two co-workers having sex in the county jail. Her lawsuit claims her subsequent demotion and termination were in retaliation for her report.

Irony: Houston Buick dealer faces age bias suit

10/04/2010

A Houston car dealer specializing in selling Buicks—traditionally the General Motors’ brand aimed at older car buyers—is facing an age discrimination and retaliation suit. Mark Theodoridis, Gay Buick GMC’s fleet and credit union manager for 11 years, alleges that he was constantly harassed and discriminated against on the basis of his age.

Remind supervisors to track all bias complaints

10/04/2010

Employees who are disciplined may claim they were punished for reporting alleged discrimination or harassment. But employers that can show that there was no such report will get the case tossed out. That’s why it’s important for all supervisors and managers to routinely document all discrimination complaints.

Don’t leave yourself open to retaliation claims: Enforce work rules equitably for all employees

10/04/2010
Before you decide to throw the book at a difficult employee for breaking a rule, make sure you have enforced it the same way for all similarly situated employees. Otherwise, the employee you’re cracking down on may be able to make a credible claim for discrimination or retaliation.

Timing of harassment in question? Check time cards to determine who could have seen what

10/04/2010

When employees file discrimination and harassment lawsuits, they have to prove that the things they claim happened actually did occur. Often, their memories may be a bit cloudy and they think they recall that others experienced the same thing they did. They could simply be wrong, or they could be making it all up. That’s where time records can come in handy.

Put the brakes on out-of-control lawsuits! Stop retaliation before it starts

10/04/2010

Among the many hassles of being sued is the simple fact that once a lawsuit is filed, it’s hard to stop. And if a discrimination case, for example, ends up before a jury, all bets on the outcome are off. While you can’t prevent every possible discrimination complaint, you do have control over cases charging retaliation.

DOL awards $5.3 million to Texas aerospace workers

10/04/2010

The U.S. Department of Labor’s Employment and Training Administration will provide more than $5.3 million to the Texas Workforce Commission to assist recently laid-off aerospace workers. The federal grant is aimed at helping 600 workers who lost their jobs when NASA began retiring the Space Shuttle program.