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Texas

Past good reviews may sink ADA/FMLA defense

05/22/2018
When an employee who has received excellent reviews asks for a disability accommodation, firing her for poor performance is bound to backfire.

ADA & FMLA: Absence does not make the heart grow fonder

05/07/2018
A federal court in Texas has concluded that attendance can be considered an essential function of a job. A disabled worker who can’t make it to work with some regularity simply isn’t qualified; no amount of accommodation can fix that problem.

As early as possible, address every harassment complaint

05/07/2018
It’s essential to respond promptly to every harassment complaint.

Always engage qualified attorney to draw up employment contracts

05/07/2018
Here’s a reminder that drafting employment contracts is best left to the legal experts.

State Supreme Court won’t say probable sexual harassment violated Texas law

05/07/2018
In the era of #MeToo and #TimesUp, the Texas Supreme Court just refused to broadly define sexual harassment in the workplace. Instead, the court found that generalized harassment at work—even if it’s morally reprehensible—doesn’t necessarily violate the Texas Commission on Human Rights Act.

Rule requiring employees to speak only English at work may be race discrimination

05/07/2018
Take note if you have rules against speaking languages other than English at work: That could constitute race discrimination under Section 1981 of the Civil Rights Act of 1866.

You can’t dodge FLSA by forming 2nd company

05/07/2018
Ever thought you might be able to skirt the Fair Labor Standards Act’s overtime provisions by arranging for related entities to “share” the same employees? Courts aren’t likely to buy the arrangement.

Beaumont, Texas firm sued for firings based on costly medical risk

05/07/2018
Signature Industrial Services, a refinery services company in Beaumont, faces an EEOC lawsuit after it fired three brothers, allegedly because they have hemophilia.

Policy alone won’t fend off harassment suit

05/03/2018
You may think having a solid sexual harassment policy is all it takes to thwart a sexual harassment lawsuit. Not if the policy isn’t being followed!

Document all details about employee discipline

04/16/2018
It’s impossible to predict which employee will sue and why. That’s why you must carefully document every disciplinary action, including enough specific information to later justify those decisions.