If an employee doesn’t engage in the interactive accommodation process, instead offering up his own idea for a reasonable accommodation, does the employee still have the right to file a claim alleging failure to engage in the interactive process?
A nurse who makes a report under the Texas Occupations Code is protected from discipline because of that report. Discipline within 60 days is presumed to be retaliation. However, employers can rebut this presumption by showing the discipline was not related to the report.
When employees complain about discrimination or some other employment law violation, that’s generally considered protected activity. Punishing them in a way that affects pay may be unlawful retaliation.
The EEOC is suing the parent company of KTVT in Dallas for age discrimination after the station hired a younger, less experienced applicant for a traffic reporter position.
When it comes to Title VII discrimination, an employer can’t sue another organization on an employee’s behalf. That’s up to either the individual worker or a government agency like the EEOC, which has standing to pursue such cases for workers.
Do you perform drug tests on employees suspected of being under the influence of intoxicants or illicit drugs? Be aware that some positive test results may be due to legal prescription drugs required for the treatment of disabilities.
When it comes to litigation, employers that keep meticulous performance records and can pinpoint exactly when they made important employment decisions typically fare better than those who keep sloppy records.
After much litigation and confusion, employers finally have an answer to whether they will have to comply with the overtime regulations the Obama administration intended to go into effect in December 2016. They don’t.
Q. Can we ask an employee who is on FMLA leave to come in to discuss the possibility of applying for a promotion? Might it be better to discuss this by phone?
