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Texas

Supreme Court rules in firefighter ‘reverse’ discrimination case

08/04/2009

The U.S. Supreme Court has ruled that the city of New Haven, Conn., violated the rights of white and Hispanic firefighters who took promotion exams when it refused to use the test results to promote the highest scorers. The court ruled that the city could not use “[f]ear of litigation alone” to justify rejecting the results simply because the test appeared to have a disparate impact on another minority—namely the black firefighters who took the test.

Should we discontinue ‘casual Fridays’ that include beer and wine ‘happy hours’?

08/04/2009

Q. For several years, Fridays have been “casual days” for our employees. Beer and wine are served beginning around 4:30 p.m. We hate to stop this practice because our employees seem to enjoy it and there has never been a problem. Should we stop?

How does the FLSA treat bonuses & overtime?

08/04/2009

Q. How do bonuses affect the overtime rate calculation under the Fair Labor Standards Act?

Progressive discipline and pregnancy: Can the process continue?

08/04/2009

Q. If an employee is already on probation when she becomes pregnant, can we continue progressive discipline measures, including possible discharge?

How to legally manage pregnancy and maternity leaves

07/28/2009

When an employee announces she’s pregnant, it’s important for HR and supervisors to know what they must do—and what they can’t do (or say) under federal anti-discrimination and leave laws. Most employers must comply with the Pregnancy Discrimination Act and the FMLA. The ADA may apply if pregnancy complications arise.

Texas employers: Expect spike in unemployment taxes in ’10

07/08/2009

Texas Workforce Commission Chairman Tom Pauken of Dallas recently announced that Texas employers should expect their unemployment insurance taxes to rise significantly next year. Pauken said the increase in layoffs is close to exhausting a state trust fund.

‘Get real’ with job reviews; don’t fluff them up

07/08/2009

You and the supervisors at your organization have read horror stories of negative performance reviews spawning lawsuits from disgruntled employees. As a result, some supervisors may shy away from rating someone lower than his or her colleagues. That fear is one main reason too many reviews are positive even if performance is average or poor. The better thing to do is to urge your supervisors to “get real” with reviews.

Don’t rush to judge accommodation requests; ADA requires interactive give-and-take

07/08/2009

Employees who qualify as “disabled” under the ADA have the right to reasonable accommodations to allow them to perform the essential functions of their jobs. But choosing those accommodations requires an “interactive process” between employer and employee. Employers that rush to judgment about the alleged disability or the accommodation request will risk legal trouble.

‘Same-actor’ defense won’t always work; establish unbiased reasons for firings

07/08/2009

When the person who hires someone is the same one who conducts the firing, courts typically discount the idea that discrimination was involved. After all, why would someone who hired an applicant discriminate later because of that person’s age, race or sex? But be aware that the defense doesn’t always work if there is clear discrimination evidence.

Firing harasser is necessary, even if long-ago age comment could spark lawsuit

07/08/2009

Terminations aren’t always clean. Sometimes they’re damned-if-you-do, damned-if-you-don’t situations. That’s often so when you conclude that an employee harassed another and must be terminated. With nothing to lose, the fired employee may try to concoct a discrimination lawsuit.