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?
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 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.
You and the supervisors at your organization have read horror stories of negative performance reviewsspawning 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.
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.
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.
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.
Be careful if you transfer an employee who filed a discrimination complaint to another position. Even if the new job provides the same benefits and pay, it may look like retaliation if the position comes with fewer advancement opportunities.
