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Texas

Consistently apply progressive discipline

12/08/2016
Progressive discipline may end up becoming a trap for employers that don’t scrupulously honor the underlying purpose of the rule being implemented.

Texas two-step: 5th Circuit says no to background check suit

11/08/2016
The legal showdown between the state of Texas and the EEOC over the commission’s background check guidance took another turn with an order withdrawing the previous June opinion and remanding the case to U.S. District Court for the Northern District of Texas.

She said, he said, she said: Counterclaim isn’t retaliation

11/08/2016
A federal court has refused to entertain overturning a 5th Circuit Court of Appeals decision that says filing a counterclaim to a lawsuit or even a separate lawsuit against an employee isn’t the basis for a retaliation claim.

Employee’s poor performance trumps his retaliation claim

11/08/2016
An employee who alleges he suffered retaliation for engaging in protected activity can still lose the case even if he proves the retaliation would have dissuaded a reasonable employee from complaining in the first place.

When ERISA, state law differ, disability insurance decisions can get a second look

11/08/2016
A federal court in Texas has concluded that the federal ERISA doesn’t necessarily preempt state insurance laws that limit certain provisions in insurance plans.

Getting the cold shoulder after reporting discrimination doesn’t add up to retaliation

11/08/2016
Slights and on-the-job isolation are not enough for an employee to make out a case for retaliation for reporting discrimination or participating in litigation against one’s employer.

Accommodation requires completely new job? Disabled employee must give it an honest try

11/08/2016

Employers aren’t required to create new positions to meet a disabled employee’s needs, but they must consider the employee for open positions that he or she may be qualified to perform.

OK to pay salary to nonexempt employees

11/08/2016
When a salaried employee works a different schedule, you must make sure your system captures the deviation and adjusts the paycheck accordingly.

Disability doesn’t excuse worker misbehavior

11/08/2016
Don’t let an employee tell you he should be excused from appropriate workplace behavior because of a disability.

Boss: Prove you’re HIV-free. EEOC: See you in court

11/08/2016
Houston nightclub hotspot Diallo’s faces an EEOC lawsuit after the owner allegedly insisted an employee prove she was HIV-negative.