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Texas

Be prepared to back up cost of religious accommodations

09/01/2007

You can’t just use a blanket statement (e.g., “granting time off will be expensive”) to deny a request for religious accommodation. You must be prepared to show the actual cost of the accommodation. That’s true even if giving someone the Sabbath day off means having to hire another employee to cover the time …

Hair today or gone tomorrow: It’s up to employee to mention religion

09/01/2007

When it comes to accommodating religious practices, employers aren’t required to be clairvoyant. If an employee wants you to accommodate a religious practice or objects to a work rule because it interferes with his or her right to practice religion, the employee has to let you know how practicing the religion precludes following the rule …

Make sure job skills tests measure what prospective employees actually will do

09/01/2007

You’ve just created a new position and a job description to go with it. That description includes essential job functions, as well as education and training requirements. Now you want to create a skills test to make sure applicants can do the job. Not so fast! Before you have the first applicant take the test, double-check that your test measures the attributes related to the essential functions you specified in the job description …

Attorney general cracks down on forced unionization

09/01/2007

Texas Attorney General Greg Abbott recently sued employers and a labor organization in El Paso and Corpus Christi for allegedly forcing employees to become union members or pay union dues in violation of the state’s right-to-work law …

Receive public funds? Better not hire illegal workers

09/01/2007

In June, Gov. Rick Perry signed a bill that requires Texas businesses receiving taxpayer-subsidized, job-creation grants and tax abatements to certify that they will not knowingly employ undocumented workers …

Now hear this: Subway franchisee must pay $166,500 in ADA case

09/01/2007

A federal district court jury awarded a Subway restaurant employee $166,500 in a disability discrimination suit. After a trial in the U.S. District Court for the Northern District of Texas, the jury concluded that Bobrich Enterprises Inc., which operates Subway restaurants in Dallas, violated the ADA by harassing a hearing-impaired employee …

BP to pay $92,000 for 2005 accident that killed 15

09/01/2007

OSHA announced that it has fined BP Products of North America $92,000 for violations at its refinery in Texas City. The citations come as the result of a March 2005 accident that killed 15 people and injured 170 others …

Labor Dept. sues Pilgrim’s Pride in donning and doffing case

09/01/2007

The U.S. Labor Department has filed a lawsuit against Pilgrim’s Pride Corporation in Dallas in an effort to recover more than $3 million the agency claims the company owes to more than 500 former and current employees. The Labor Department claims that Pilgrim’s Pride failed to pay employees for the time they spent putting on and taking off protective clothing before the start and after the end of their shifts …

The long and short of it: Do different grooming policies equal discrimination?

09/01/2007

Q. We have a company policy requiring male employees to keep their hair cut short. One worker says we can’t force him to cut his hair because we don’t tell female workers to do the same. Is this true? …

Does grooming policy interfere with religious belief?

09/01/2007

Q. Can we require a job applicant to cut his hair as a condition of employment even if he alleges that his religion forbids him from cutting his hair? …