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Texas

Suburban Dallas bar settles pregnancy bias complaint

10/05/2015
Arthur’s Bar & Restaurant in Addison, Texas, has agreed to settle a pregnancy discrimination complaint for $20,000.

Oilfield services firm settles retaliation suit for $30,000

10/05/2015
Garrison Contractors, a West Texas oil-industry construction company, has agreed to settle charges it retaliated against a female employee after she reported sexual harassment.

Slightly lower evaluation rating isn’t retaliation

10/05/2015
To constitute retaliation for engaging in protected activity, an employer has to do something that would dissuade a reasonable employee from complaining in the first place. A poor evaluation, by itself, isn’t enough.

Fired for gun in trunk: Can employee sue?

10/05/2015
A court is about to tackle a tricky issue: Does a state law authorizing employees who park in company lots to keep guns locked in their trunks also create a right to sue if the employee is fired for gun possession?

Not so fast! Texas whistle-blowers must pursue internal remedies before they can sue

10/05/2015

Texas law requires public employees who are fired by their employing agency to pursue internal appeals of that decision. Otherwise, they can’t sue in state court over alleged wrongful discharge for whistle-blowing. Government employers should make sure they raise that defense if they don’t have any record of the worker making an internal appeal.

Confidential customer lists may be trade secrets even if the names are available elsewhere

10/05/2015
Good news if you need to protect your customer lists from competitors: You can require employees to sign confidentiality agreements to block taking customer lists to the next job even if it’s theoretically possible for the competitor or someone else to put together the same information from other, publicly available sources.

When accommodation is impossible, it’s OK to discharge disabled worker

10/05/2015
Not every disability can be accommodated in a way that enables an employee to perform the essential functions of his job. Sometimes, the disability simply can’t be accommodated. When that’s the case, you may terminate the employee. If he sues, you must be ready to show what the job’s essential functions are and that it simply isn’t possible for the disabled employee, given his specific disabilities, to perform those functions.

Employees must explain religious objections

10/05/2015
The federal appeals court that covers Texas has come down on the side of an employer that fired a worker for insubordination for refusing to say a rosary. Reason: The employee never revealed that her religion prevented her from complying.

Can I allow interns to work for free?

09/09/2015
Q. A few local college students have expressed interest in interning at my dental office. I could really use their help filing papers, putting things on the computer and dealing with the patients. Can I utilize unpaid interns without breaking the law?

How should I accommodate breastfeeding at work?

09/09/2015
Q. An employees is about to return from maternity leave and wants to pump breast milk at work. She is asking for a room specifically designated for pumping, as she feels uncomfortable doing so in the bathroom or the office, and for several breaks during the day. Do I have to provide this accommodation?