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Texas

Before you fire, audit past practices to ensure there’s no pattern of bias

10/09/2018
If a supervisor recommends firing an employee for inappropriate conduct or other disciplinary reasons, conduct a quick audit of past discharges before pulling the termination trigger.

UT pays $600,000 to settle coach’s race & sex bias suit

10/09/2018
A race and gender discrimination lawsuit against the University of Texas that lasted five years has been settled for $600,000.

Alcoholism as a disability: No need to upend all processes to accommodate it

10/09/2018
Not all disabilities can be accommodated, and employers have the right to refuse some accommodation requests that simply aren’t reasonable or feasible.

How to handle requests for religious time off

10/09/2018
It’s perfectly legitimate to require employees to request religious leave well in advance. If you have a process to ask for time off for other kinds of leave, use it for handling requests for religious leave, too.

Disability is no excuse for poor performance

09/17/2018
Disabled workers are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. However, accommodations must be related to the disability. They can’t serve as an excuse not to perform essential job functions.

San Antonio paid leave ordinance takes effect next year

09/13/2018
The San Antonio City Council has adopted an ordinance requiring all San Antonio employers to provide paid time off for employees to attend to their own and their family members’ health needs.

Murphy Oil will funnel $100,000 to former manager

09/13/2018
A San Antonio-area Murphy Oil gas station will pay $100,000 to a manager it fired, settling charges it violated the ADA when it failed to accommodate his disability.

In retaliation cases, passage of time matters

09/13/2018
Sometimes, a worker who files several discrimination claims will argue that any subsequent punishment was retaliation. Fortunately, the more time that passes between the complaints and the discipline, the less likely he will be able to claim retaliation.

Expect disability-related lawsuit to be a long, drawn-out slog through court

09/13/2018
When it comes to disability discrimination cases, early dismissal is unlikely. That’s mainly because it takes testimony to sort out whether the employee who is suing has a severe enough ailment or condition to substantially affect major life activities.

Rely on Motor Carrier Act to exempt drivers? Show you’re engaged in interstate commerce

09/13/2018
Some workers are covered by the Motor Carrier Act exemption, which essentially says that workers involved in trucking that crosses state lines don’t have to be paid overtime. But recent court decisions have narrowed that MCA exemption, requiring employers to clearly prove they are engaged in interstate trucking.