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Texas

What are ADA requirements for accommodating depression and psychiatric disabilities?

01/01/2008
Q. If a worker complains that he or she is depressed and needs time off, do I have a duty under the ADA to give the worker leave?

Go ahead and discipline, even when considering FMLA leave

12/01/2007

Employees who ask for FMLA leave often act as if they are immune from any sort of discipline. But that’s simply not the case. Even if an employee has applied for or is actually on FMLA leave, you can and should punish rule breaking. Just make sure you aren’t treating an employee who takes FMLA leave more harshly than any other employee. Equitable discipline is the rule …

Document problems caused by ‘Difficult personalities’

12/01/2007

Difficult employees may be sensitive to perceived discrimination—especially if they also happen to be members of a protected class such as race, sex or national origin. They may think they have to work harder and appear smarter than others. If they lose a plum assignment, that may be enough to spur a discrimination lawsuit. That’s one reason you should carefully document how you handle easily bruised egos …

Got wind of harassment? Fast action can cut liability

12/01/2007

We all would like to believe harassment and discrimination can’t happen where we work. Of course, we’re dreaming if we do. Ordinary people sometimes fall back on old stereotypes or react strongly to newly perceived dangers by inappropriately striking out at a group or nationality. Fortunately for employers, isolated acts of harassment, if stopped dead in their tracks, won’t come back to haunt them years later …

Be prepared to cite skills to explain wage disparity

12/01/2007

Because the U.S. Supreme Court ruled earlier this year that employees must make wage discrimination claims right away, it’s more likely than ever that employees who find out they are making less than a newcomer of a different race, sex or national origin will seek legal counsel. That’s why you must be prepared to explain each and every wage difference with solid business-related reasons …

Employer’s mistake doesn’t extend FMLA leave

12/01/2007

It’s not always easy to calculate exactly how much FMLA leave an employee has coming. Rest assured, though: If you make a mistake, you can fix it. Just be sure to fix it as soon as you discover the error so your mistake doesn’t harm the employee …

Public employers, take note: Expect trial on First Amendment whistle-Blower claims

12/01/2007

Employees who work for federal, state or local government agencies have more rights than most private-sector employees. One of those is the limited right to be a whistle-blower on matters of public concern, such as alleged corruption or illegal activities …

Analyze talents, needs before transfer

12/01/2007

Employers are generally free to transfer employees where their skills can be best utilized. Of course, some employees resist such moves, especially if these actions are perceived as undesirable transfers or even demotions. That’s why, for every transfer, you should make a clear assessment of who has what skills and talents …

Survey says half of refineries as dangerous as BP Texas City

12/01/2007

According to a recent survey, the same kinds of conditions that preceded a deadly March 2005 accident at BP Products North America’s Texas City refinery are pervasive in refineries across the nation. The survey polled union leaders at 51 refineries, representing 49% of the U.S. refining capacity …

TWC to share information on employment tax schemes with IRS

12/01/2007

The Texas Workforce Commission (TWC) recently agreed to tell the IRS about employers that fail to properly pay state unemployment insurance taxes. The TWC joins 28 other state work force agencies in entering the new initiative, which expands on existing data-sharing efforts between federal and state agencies …