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Texas

With promotions on the line, beware rivalries that could result in sex bias, harassment

06/03/2013
Here’s a twist in discrimination law that you might never consider. If a co-worker rivalry for an open position includes threats by one worker to quit if the other is promoted and the rivalry is based on sex bias, you may face a lawsuit if you accede to the threat. That’s what happened in one recent case that made its way to the 5th Circuit Court of Appeals.

Worker death means prison for former company president

06/03/2013
A former Port Arthur chemical company president has pleaded guilty to occupational safety crimes in federal court. The former head of Port Arthur Chemical and Environmental Services admitted to violating OSHA by allowing a driver to haul a load so toxic it killed him.

OK to fire everyone, then ask them to reapply

06/03/2013
Sometimes, it becomes apparent that something has to change in a workplace. When that’s the case, firing everyone and having them reapply for their jobs may be a viable approach, if a recent 5th Circuit Court of Appeals decision is any indication.

Ensure younger employees aren’t ageists

06/03/2013
Have you recently hired or promoted younger applicants into management positions? Do they supervise older employees? If so, be sure to include age discrimination warnings in your training sessions. All too often, younger employees may make statements that older workers interpret as biased.

Can unmarried couple both take FMLA leave for newborn?

05/01/2013
Q. A while ago two of our employees developed a romantic relationship. They are now expecting a baby and both put in a request for family leave to bond with their newborn. Are we required to give both workers leave for the birth of their child—even if they are not married?

Can the company ‘profit’ from the share of health premiums charged to employees?

05/01/2013
Q. After several large health insurance claims last year, our president decided to increase the premiums deducted from employees’ paychecks. However, the rate he has directed to be deducted is higher than the rate at which we are billed for the spouse and dependent coverage. Is it legal to make money off of the “premiums” we ask em­­ployees to pay?

New military caregiver leave rules continue FMLA expansion

05/01/2013
The DOL has issued new regulations implementing statutory changes to the FMLA that increase coverage for military families.

Texas Senate considers long-shot LGBT-rights law

05/01/2013
The Texas Senate is considering a bill that would ban discrimination against lesbian, gay, bisexual or transgendered employees and job applicants. Introduced by Sen. Leticia Van de Putte, S.B. 237 would prohibit employment discrimination based on sexual orientation, gender identity and gender expression.

When romance blooms at work, be ready with a practical policy

05/01/2013
Roughly four out of 10 workers have dated a co-worker, according to a survey by Spherion Corporation. When office romances sour, scorned lovers often sue, alleging that their former lover was a sexual harasser. And even if the lovers are happy, workplace romances can cause problems in the office or on the shop floor. Based on all of these legal risks, should your organization forbid office romances?

Break in employment may cut hostile environment liability

05/01/2013
If an employee chooses to return to work in a hostile environment, that makes it much harder to successfully sue for harassment.