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Texas

ADA: You can make attendance ‘essential’

04/15/2021

Some employers require timely and regular attendance as an essential job function. However, the ADA imposes limits on those expectations, requiring reasonable accommodations of some absences. Key word: Some.

Ensure young supervisors understand risk of age bias

04/08/2021

When young managers supervise older subordinates, the age differential can set up generational conflicts that cause legal trouble for employers. Prevent potential age bias claims by making sure all supervisors understand their responsibilities under the Age Discrimination in Employment Act.

EEOC lawsuits take aim at pregnancy bias in hiring

02/03/2021

There has never been a better time to remind hiring managers that they may not discriminate against pregnant job applicants. The EEOC has made enforcement of the Pregnancy Discrimination Act a priority. Two recent cases show how seriously the EEOC takes this issue.

Workers might soon find it harder to file class actions

01/28/2021

It just became a lot harder to certify a class for a Fair Labor Standards Act lawsuit—at least in states covered by the 5th Circuit Court of Appeals.

EPA: Employer must prove pay bias didn’t relate to sex

01/21/2021

Some employers assume that employees who sue under the Equal Pay Act must prove that sex caused the disparity. That’s backwards. Courts want employers to prove the reason for the disparity was something other than sex.

Inheriting workers? Review pay for past bias

10/29/2020

If you are adding employees from another company via a merger or acquisition, pay attention to an important pay discrimination problem. Before using your new employees’ previous compensation to set their pay, consider whether that could trigger an Equal Pay Act lawsuit.

Choosing applicants based on ‘it factor’: Is that job bias?

07/23/2020

Here’s a $215,000 reminder that it’s always better to use objective, quantifiable measures in hiring, rather than relying on subjective factors.

Texas firm pays to settle discrimination charges

06/04/2020

A Texas company has paid a seven-figure sum to settle an EEOC lawsuit that accused managers of “pervasive use of racial slurs” and “circulating racist social media posts.”

Root out all demographic hiring preferences

04/30/2020

We all know hiring managers shouldn’t discriminate against some candidates because of protected characteristics. It’s just as unlawful for them to favor certain candidates because they belong to a particular ethnic group or nationality.

Document, date every disciplinary detail

04/16/2020

Workers who suspect they are about to be fired may try to short-circuit the termination process by claiming discrimination, harassment or retaliation. It’s an intimidation tactic. Fight back with documentation of every step of the disciplinary process, with dates when key events occurred.