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Employment Law

OK to test for alcohol under ADA?

05/06/2010
Q. We suspect some employees come to work drunk. Are workplace alcohol tests lawful under the ADA?

Shouldn’t applicants disclose disabilities?

05/06/2010
Q. We recently extended an employment offer to someone who was later determined to be unable to perform the essential functions of the position because of a visual impairment. As a result, we wasted a significant amount of time and missed the opportunity to hire other qualified individuals. Aren’t workers obligated under the ADA to disclose to an employer that they suffer from a disability?

Labor on the rise: Review your solicitation & distribution rules

05/06/2010

Unions are stepping up their organizing activity, and smart employers are preparing by making sure their rules on solicitation, distribution and access to private property meet legal requirements. If you don’t have a “no solicitation/no distribution” policy, adopt one now. It can help regulate two types of conduct that unions depend on when trying to organize a workplace.

Former county employees accuse judge of harassment

05/06/2010

Former employees of Brazoria County have filed an EEOC lawsuit claiming that a former judge sexually harassed them and that the county ignored the presence of sexual harassment in the workplace. The two women, previously employed in the county’s juvenile probation department, claim that Judge James Blackstock, who resigned last year over the scandal, has been harassing female county employees since 1993.

Houston issues comprehensive LGBT discrimination order

05/06/2010
Houston Mayor Annise Parker has signed an executive order protecting lesbian, gay, bisexual and transgender (LGBT) city employees “at every level of municipal government” from discrimination and harassment based on their sexual orientation.

Court nixes Section 1983 protection for age bias cases

05/06/2010
The 5th Circuit Court of Appeals has refused to expand the ways in which employees can charge their employers with age discrimination. It ruled that the ADEA pre-empts Section 1983 of the Civil Rights Act when it comes to age discrimination.

If EEOC shuns case, worker isn’t entitled to free lawyer

05/06/2010
Here’s a bit of good news for employers facing an angry former employee who wants to sue but can’t find an attorney willing to take the case. Courts are unlikely to appoint an attorney to help with the litigation if the EEOC has already concluded that there wasn’t enough evidence to warrant taking up the case itself.

Fair Credit Reporting Act doesn’t apply to complaints that lead to firing

05/06/2010
If you decide not to hire an applicant based on a background check, the applicant has a right to see the information the reporting agency provided. But what about complaints from customers or clients that become the basis for termination? Do those complaints have to be disclosed to the fired employee? Not according to a recent 5th Circuit Court of Appeals decision.

Don’t get nicked by grooming policies that have disparate impact on minorities

05/06/2010

Employers have the right to set grooming policies—within limits. One thing you can’t demand: Grooming practices that may be impossible for some employees to follow. Consider, for example, a rule that forbids facial hair. That could have a disparate impact on black men because of a genetic and permanent skin condition called pseudofolliculitis barbae. The condition makes it impossible to maintain a closely shaved face.

Employee says he’s not using FMLA? Note that for the record

05/06/2010

Some employees may want to save up their FMLA leave for an anticipated event like a birth or upcoming surgery. Even if they’re eligible for intermittent FMLA leave, they may request that they not be docked for the time off. If you agree not to charge the time off against FMLA leave, make sure you document the request. Then feel free to treat the absences as you would any other absence under your attendance policy.