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Texas

Similar offenses, different discipline? Be sure to justify with critical details

03/28/2018
When it comes to disciplining employees, details make a big difference. Be sure you include enough information in your investigation reports so you can later explain, for example, why one employee deserved harsher punishment than another who made a similar mistake.

Be prepared to explain why new hires earn more than existing staff

03/28/2018
If you find you have to pay more to fill open positions than incumbent employees are currently making, be ready with a good explanation for why new hires command bigger paychecks than staff members who were hired years earlier.

Court decides it doesn’t have to rule on discrimination based on sexual orientation

03/28/2018
A federal court hearing an anti-gay discrimination case in Texas has avoided ruling on whether sexual orientation discrimination is sex discrimination under Title VII. It did so by concluding that the employee didn’t show she had actually experienced sex discrimination.

Post open jobs so everyone knows to apply

03/28/2018
There’s a simple way to prevent lawsuits over missed promotions. Post all internal opportunities and encourage all employees to apply. If you don’t, workers may sue, alleging that the real reason they were denied a promotion was because of some kind of illegal discrimination.

No discrimination without adverse action

03/28/2018
A school counselor who sued because she thought discrimination had cost her a promotion has lost her appeal. Being turned down wasn’t an adverse employment action. And when there’s no adverse action, there can be no discrimination.

Lowe’s must pay after yanking ADA accommodation

03/13/2018

Lowe’s Home Centers has agreed to pay $55,000 to settle charges it violated the ADA when it demoted a supervisor at its store in Cleburne, Texas.

Court puts EEOC wellness incentive on life support

03/13/2018

A federal court has vacated a portion of the EEOC’s wellness program regulations, effective Jan. 1, 2019.

Accident during mandatory trip deserves workers’ comp

03/13/2018

A worker who was seriously injured while driving to mandatory training is eligible for workers’ compensation.

Court gives workers 2nd chance on FLSA suit

03/13/2018

A federal court considering an overtime dispute recently dismissed the lawsuit because it didn’t include enough details—but then told the workers they could file an amended complaint addressing the deficiencies.

Worker must ask for religious accommodation

03/13/2018

Employers are required to make reasonable accommodations for a worker’s religious practices, including letting workers skip shifts for religious holidays. But it is up to the worker to actually request the accommodation. Missing a shift without asking can be grounds for discharge.