• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

Texas

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? …

Transparent process best defense against hiring lawsuits

08/01/2007

The success of your organization depends on hiring the right people. You spend a lot of time and effort determining the company’s needs and designing job descriptions that meet those needs. Don’t let a potential discrimination lawsuit ruin all that hard work. Instead, make the hiring process as transparent as possible …

Not all absences are equal; punishment needn’t be either

08/01/2007

You know you can’t go easy on one person for attendance problems and come down hard on another for the same offense—especially if he or she belongs to a protected class. But, as the following case shows, courts will conclude a discipline process wasn’t discriminatory if you can show that tardiness or absenteeism affected important work goals, such as productivity …

Track pay raises as defense to retaliation claims

08/01/2007

Sometimes, employees who have complained about real or imagined discrimination look for evidence that they’re being punished for complaining. Then, when something happens at work that may be completely unrelated to the complaint (e.g., a missed raise because of budget constraints or job cuts due to business cycles), they cry retaliation. Your best protection is to keep detailed records of all pay increases and merit payments …

Mere psychiatric diagnosis does not a disability make

08/01/2007

Not everyone who has a diagnosed psychiatric condition is disabled and entitled to protection under the ADA. Before you authorize reasonable accommodations or allow a psychiatric condition to become an excuse for poor performance, decide whether the condition rises to the level of a covered disability …

Beware any change in working conditions after complaint

08/01/2007

When an employee claims discrimination, HR should make sure that employee isn’t retaliated against. But retaliation is more than lost promotions, discharge or demotions. Retaliation can be any employer-initiated action that would deter a reasonable person from complaining. That’s why it’s crucial for HR to let supervisors and managers know they shouldn’t change anything about the employee’s working conditions without HR approval …

Remove open job listings if you don’t plan to fill them

08/01/2007

Do you routinely keep unfilled positions open and posted? If so, consider removing them until your organization plans to actively recruit to fill them. Otherwise, an employee who is disgruntled for not having been promoted may see the posting and try to argue that he or she is being retaliated against for prior complaints …

Texas Supreme Court affirms employers not responsible for contractor negligence

08/01/2007

Good news: The Texas Supreme Court has refused to create new liability for organizations that do work through independent contractors. The case points out how important it is to make sure independent contractors stay that way …