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Discrimination / Harassment

Independent agency decision doesn’t extend time for filing EEOC complaint

10/08/2014
Employees only have 300 days to get their EEOC complaints in after being fired or otherwise being hit with an adverse employment action.

Firing the only member of a protected class? Better be prepared to explain why

10/08/2014
Are you facing the prospect of terminating an employee who happens to be the only member of a particular protected class? Don’t let the fear of a lawsuit stop you from making a legitimate business decision. Just make sure you can document exactly why you have chosen this employee for termination.

Barneys pays to settle racial profiling charges

10/08/2014
Upscale retailer Barneys New York has agreed to pay $525,000 in fines to settle a lawsuit alleging it began profiling black and Hispanic customers after experiencing a spike in shoplifting and credit card fraud at its flagship store in Manhattan.

Court: Bullying alone isn’t grounds for lawsuit

10/08/2014
A former employee has tried to advance a new legal theory by suing over alleged workplace bullying. His efforts failed and employers won’t have to worry about another new lawsuit flood.

Trouble bubbles at valve plant in San Antonio

10/07/2014
San Antonio-based Taprite Fassco Manufacturing, a company that supplies CO2 regulators to the beer and soda industries, may get a bit of indigestion courtesy of the EEOC. The commission is suing the company, alleging that it demoted a female employee who raised concerns that men were paid more than women in comparable positions.

Don’t play God! It’s not up to you to decide what’s a real religious belief

10/07/2014

Employers must reasonably accommodate employees’ religious beliefs unless doing so would cause undue hardship. Some employers take this to mean they get to decide what constitutes a genuine religious belief—and nix requests for time off for religious observances that don’t fit their defi­nition. That’s legal blasphemy!

Where legal trouble lurks: Even unwritten rules must be enforced fairly and consistently

10/07/2014
Before disciplining an employee who says she did what she did because her supervisor told her it was OK, make sure others following the same informal rule were treated the same. If you fire or demote one, you must fire or demote the other.

Popeyes pays for chickening out on HIV-positive applicant

10/07/2014
A Popeyes Chicken franchise in Tyler has agreed to settle an EEOC disability discrimination suit filed on behalf of an applicant who had several years of experience in the restaurant business. The alleged reason he wasn’t hired: His HIV status.

Beware ‘demotions’ that merely strip duties

10/07/2014

Employees alleging discrimination or retaliation for engaging in protected activity have to show they suffered an adverse employment action. Typically, that means they were fired, demoted or transferred to a less desirable position. But what if the employer simply removes responsibilities, even as the worker retains his title, pay and benefits?

High Court to hear religious dress code case

10/06/2014
The U.S. Supreme Court has agreed to hear a case that will decide whether a job applicant must specifically request an accommodation before an employer can be held liable for having a dress code that prohibits religious attire or grooming practices.