• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

Supreme Court rules CHRA sole state discrimination remedy

09/02/2008

The Texas Supreme Court has ruled that employees who want to sue for most kinds of employment discrimination under Texas state law must use the provisions of the Texas Commission on Human Rights Act. They can’t sue under the Texas Whistleblower Act in an effort to sidestep the CHRA’s rather complex procedures or miss its short filing deadlines …

Prepare layoff rationale before handing out the pink slips

09/02/2008

Sometimes, an employer needs to downsize its workforce for any number of reasons. Whatever the reason, document why you need to cut staff before you announce the layoffs. You don’t necessarily owe every affected employee an explanation—in advance—of why his or her job is being eliminated. But you will need a clear, coherent and rational explanation later if one of the employees sues …

You can reassign employee whose spouse made FMLA claim

09/02/2008

Employers know they can’t retaliate against employees for speaking with EEOC investigators about possible discrimination … But what about simply standing by as a spouse or significant other sues the same employer? Do you have to worry that
any job changes for the silent spouse will spur a successful retaliation lawsuit?

EEOC files bias suit on behalf of Sikh worker

09/02/2008

The EEOC recently filed a lawsuit against the Champion National Security Firm in Richardson, alleging the Texas company did not hire a Sikh who refused to shave his beard and remove his turban. The EEOC is seeking punitive damages, back pay and compensation for pain and suffering caused to Sukhdev Singh Brar …

DOJ and EEOC sue El Paso to enforce settlement agreement

09/02/2008

The U.S. Department of Justice and the EEOC have filed a complaint to enforce a mediation settlement agreement the EEOC entered into with the Housing Authority of the city of El Paso  …

Do temp employees lessen liability?

09/02/2008

Q. We use a full-service employee leasing company. Are we exposed to liability for employment claims brought by leased employees? …

Handle with care if older employee’s performance slips

09/02/2008
When some employees approach retirement, they begin to coast. They may think that there’s no way their employer will let them go at their age, assuming management will be afraid of an Age Discrimination in Employment case. The truth is, that worker isn’t untouchable. Here’s how to handle the situation when you discover the employee is still coming to work but has mentally retired …

Go ahead! Fire if worker sneaks confidential docs to EEOC

09/02/2008
Employees who file EEOC complaints may assume they can rifle through company files looking for smoking-gun evidence of discrimination. Bad move. Employers don’t have to put up with such outrageous antics—if they have the right policies in place …

Grant maternity leave just as generously as you do other leave

09/02/2008
When it comes to maternity or childbirth leave, women have at least two federal laws that protect them from possible discrimination: the FMLA and the Pregnancy Discimination Act. Employers who understand that the FMLA and the PDA work together aren’t likely to make mistakes that result in lawsuits …

Investigate to find truth behind discrimination complaints

09/02/2008
Sometimes a supervisor targets the members of protected classes for poor treatment. But what looks like discrimination sometimes isn’t. Employers can learn the truth—and often protect themselves from liability—by holding off on discipline until after HR has conducted a thorough, independent investigation …