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Texas

Court nixes Section 1983 protection for age bias cases

05/06/2010
The 5th Circuit Court of Appeals has refused to expand the ways in which employees can charge their employers with age discrimination. It ruled that the ADEA pre-empts Section 1983 of the Civil Rights Act when it comes to age discrimination.

If EEOC shuns case, worker isn’t entitled to free lawyer

05/06/2010
Here’s a bit of good news for employers facing an angry former employee who wants to sue but can’t find an attorney willing to take the case. Courts are unlikely to appoint an attorney to help with the litigation if the EEOC has already concluded that there wasn’t enough evidence to warrant taking up the case itself.

Fair Credit Reporting Act doesn’t apply to complaints that lead to firing

05/06/2010
If you decide not to hire an applicant based on a background check, the applicant has a right to see the information the reporting agency provided. But what about complaints from customers or clients that become the basis for termination? Do those complaints have to be disclosed to the fired employee? Not according to a recent 5th Circuit Court of Appeals decision.

Don’t get nicked by grooming policies that have disparate impact on minorities

05/06/2010

Employers have the right to set grooming policies—within limits. One thing you can’t demand: Grooming practices that may be impossible for some employees to follow. Consider, for example, a rule that forbids facial hair. That could have a disparate impact on black men because of a genetic and permanent skin condition called pseudofolliculitis barbae. The condition makes it impossible to maintain a closely shaved face.

Employee says he’s not using FMLA? Note that for the record

05/06/2010

Some employees may want to save up their FMLA leave for an anticipated event like a birth or upcoming surgery. Even if they’re eligible for intermittent FMLA leave, they may request that they not be docked for the time off. If you agree not to charge the time off against FMLA leave, make sure you document the request. Then feel free to treat the absences as you would any other absence under your attendance policy.

Terminating after FMLA leave expires? Be sure to apply rule consistently

05/06/2010

You can terminate employees who are unable to return to their jobs after their FMLA leave has expired. Just make sure you’re consistent. If you apply the same termination rule to all employees—regardless of race, age, sex or membership in any other protected category—you won’t have to worry about lawsuits.

Rate of union membership jumped in Texas in 2009

05/06/2010
According to the latest numbers from the Bureau of Labor Statistics, Texas gained almost 60,000 union jobs last year, and the rate of union membership grew from 4.5% in 2008 to 5.1% in 2009.

Ledbetter timing applies to Texas cases, too

05/06/2010

Here’s a big new worry for Texas employers: Employees who want to sue over long-ago discriminatory pay decisions can do so within 180 days of the last discriminatory paycheck, at least according to one state appeals court. The 1st Court of Appeals has ruled that the federal Lilly Ledbetter Fair Pay Act applies to discrimination cases under the Texas Commission on Human Rights Act as well as Title VII claims.

Keep good disciplinary records, win lawsuits

05/01/2010

You know how important it is to consistently apply disciplinary rules and ensure no form of bias creeps into the disciplinary process. That’s one reason it’s crucial for HR to keep disciplinary records on file. If employees allege that you disciplined them in a discriminatory way, you’ll be able to show no one was treated more favorably than anyone else.

Can we reduce pay for exempt employee who will miss work for intermittent FMLA leave?

04/15/2010
Q. One of our salaried supervisors has informed us that he needs to take two hours off work each week for the next two months to undergo medical treatment. His physician has certified his illness as a “serious health condition” under the FMLA. May we reduce his pay for the time he will miss work, or are we required to continue to pay his full salary to retain his exempt status under the Fair Labor Standards Act?