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Discrimination / Harassment

Bone-headed boss? Quick stop saves the day

09/05/2014
Sometimes, supervisors say stupid things. How you respond may mean the difference between winning or losing a lawsuit based on those comments.

NLRB decides it now covers retaliation in harassment cases

09/04/2014
Here’s another reason to guard against retaliation following a sexual harassment complaint: You could be slapped with an unfair labor practices charge for actions that occur after an employee asks co-workers to help gather evidence of harassment.

Beware sudden scrutiny after employee voices bias concerns

09/02/2014
Have an adequate but not outstanding employee? Be careful if he engages in some form of protected activity. Sud­denly deciding he’s not good enough may spark a retaliation lawsuit.

The case of the purloined letter: Real resignation or post-affair retaliation?

09/02/2014

Here’s a big reason to ban supervisor/subordinate relationships: When those affairs end, trouble for employers often begins. The subordinate, who may have been a willing participant, may now claim she was being sexually harassed. Or the supervisor may punish the subordinate for cutting off the relationship. Either way, there’s probably a lawsuit coming.

Retain hotline records for later use in court

09/02/2014
If you have an ethics, harassment or discrimination hotline, be sure to track all complaints that come in, your response and any follow up. This information will come in handy later if someone who used the hotline sues, claiming you ignored her complaints or otherwise discriminated against her.

How should we comply with laws concerning expressing breast milk at work?

09/02/2014
Q. One of my employees recently gave birth and has asked me about the company policies regarding expressing breast milk in the workplace. What are the federal and state laws that I should consider for my policies?

‘Crimson Tide fan’ not a protected minority in Texas

09/02/2014
A crane operator working at Texas A&M’s Kyle Field found himself out of work after he hoisted an Alabama Crimson Tide banner inside the stadium.

Couple of butt-slaps? Court says that’s not harassment

09/02/2014
You probably won’t be liable for a single incident of sexually oriented co-worker harassment if you punish the transgressor after you discover what happened.

When pay is issue, multiple lawsuits possible

09/02/2014
Here’s a warning about equal pay and the ongoing effects of past discriminatory decisions: Unless you fix the problem, an employee could file multiple lawsuits.

Internal report of wrongdoing not enough to trigger whistle-blower protection

09/02/2014
Texas public employees are protected from retaliation for reporting wrongdoing to an appropriate law enforcement agency. But except in very rare cases, it’s not enough to file an internal complaint that someone within the employee’s agency is breaking the law.