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Discrimination / Harassment

Courts won’t hear it: Don’t try piling on after-the-fact reasons for termination

07/09/2014

Sometimes, after an employee has been discharged, a supervisor will discover that the employee broke additional rules. But even if what you discover would be enough to have justified discharge on its own, chances are a court won’t let you use the information in your defense. After-acquired evidence isn’t admissible to show you would have fired the employee for reasons other than the one you used.

Back RIF decisions with sound fiscal reasons–and prepare to explain them in court

07/09/2014
If an employer can present a coherent and rational explanation for why economics—not retaliation—drove a RIF decision, chances are a court won’t second-guess it.

Charging insubordination? Line up witnesses

07/09/2014

When you fire a difficult em­­ployee, there’s a good chance he or she will remain a thorn in your side. Always aim to document the incident that prompted the firing by gathering as many eyewitness accounts as possible.

Words matter when firing disabled employee

07/09/2014
If a disabled employee is about to get the ax for reasons that have nothing to do with her condition, don’t make any comments about her health. Otherwise, it could look like you really fired her because she is disabled—and it could become the basis for a disability discrimination lawsuit.

Assault & battery suits an emerging legal risk

07/09/2014
While you likely have a grasp on the definition of unlawful harassment and discrimination, have you thought about what constitutes assault and battery in the workplace?

Can I prohibit employees from all smoking?

07/07/2014
Q. I despise cigarette smoking, and I want to restrict my employees from smoking as much as possible. To what extent can I do so?

What’s our risk of a sexual harassment suit?

07/07/2014
Q. The vice president of my company, whom I appointed, is really a nice guy, but he has propositioned many of the female employees on multiple occasions for sexual acts in his office. He has a great attitude towards the female employees who agree, but those who refuse have been recently discharged without my consent. Is this sexual harassment?

What could a race discrimination suit cost us?

07/07/2014
Q. An employee recently filed suit claiming race discrimination. What kinds of damages can he sue for, and what compensation could he receive?

Do we have an age discrimination risk if employee can no longer perform his job?

07/07/2014
Q. Jim has been a security guard for my company for over 20 years, and has always performed his duties without problem. Since his 60th birthday a few years ago, however, Jim has become steadily less able to walk the required distances during his rounds, and has also been forgetting crucial requirements of his position. Am I allowed to discharge him?

Houston City Council passes anti-discrimination measure

07/07/2014
Houston employers have a new local anti-discrimination ordinance to comply with. In addition to the classes protected by federal and state law, Houston now protects employees from discrimination based on familial status, marital status, gender identity and sexual orientation.