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Employment Law

No ‘magic words’ needed for bias complaint

06/13/2019
Employees are protected from retaliation for reporting discrimination or complaining about other Title VII violations. It’s even true if the employee doesn’t specifically state what kind of discrimination she’s charging, if she has generally been complaining about it over some time.

Back pain common, but not always a disability

06/13/2019
Back pain is the most commonly cited cause of work-related disability. But is back pain always an ADA-qualifying disability?

Ensure dress code allows for religious needs

06/11/2019
Your dress code must allow some leeway for religious exemptions. The EEOC takes religious discrimination seriously and has been aggressively going after employers that enforce dress codes that unnecessarily restrict employees’ faith-mandated attire.

Any risk of not reducing demoted worker’s pay?

06/10/2019
Q. We moved a salaried supervisor to a rank-and-file hourly position, but we left him at the higher salary. Now, several co-workers are complaining that they’re being paid less for the same job and grumbling about discrimination. The co-workers are of different nationalities than the former supervisor. Should we raise the co-workers’ salaries if we want to be as cautious as possible to avoid a lawsuit?

Fort Worth firm pays $85,000 to settle age bias complaint

06/10/2019
Atlas Energy in Fort Worth has agreed to pay a former production foreman $85,000 to settle an age discrimination lawsuit.

$22,000: Cost of failing to provide space to pump milk

06/10/2019
The Affordable Care Act amended the Fair Labor Standards Act to require employers to provide nursing mothers a clean, private place (that is not a restroom) to express milk. Allegiance Behavioral Health Center, located in Plainview, Texas, apparently didn’t understand that.

Document promotion process to show you chose the best

06/10/2019
Employers that follow their own rules and maintain accurate and complete records of their promotion decisions generally win failure-to-promote cases.

Beware wage-and-hour lawsuits that might suddenly turn into class actions

06/10/2019
Here’s another reason to make sure you are carefully following the Fair Labor Standards Act’s overtime rules: Just one disgruntled and allegedly underpaid employee can file a class-action lawsuit and get the court to authorize contacting all other similarly situated workers to join in as plaintiffs.

Warn all bosses against ageist comments, including the most senior executives

06/10/2019
When you train managers and supervisors, be sure to issue this simple warning: It is never appropriate for anyone in a supervisory role to make age-related comments. The problem is even worse when senior executives make age-related statements.

Prepare to pay up when retaliation is alleged

06/10/2019
Even if you win an employment discrimination case, you may end up losing if someone foolishly retaliates against the employee for complaining in the first place.