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Employment Law

Anti-harassment policies a mystery for many

02/06/2018

Ninety-four percent of surveyed HR professionals told the Society for Human Resource Management that their organizations have anti-harassment policies. Yet, 22% of nonmanagement employees did not know for sure that these policies existed.

EEOC may want more than money to settle

02/01/2018

In an indication that the agency is getting tougher on employers that violate religious freedom and discrimination rules, the EEOC appears to be squeezing greater concessions from employers before agreeing to settle cases.

Tax reform stifles #MeToo settlement deductions

01/31/2018

While motivation for this new provision was a well-intentioned nod to the #MeToo movement, it may have unforeseen consequences. 

After settlement disclosure, Farenthold won’t run again

01/31/2018

Rep. Blake Farenthold, who represents the Corpus Christi area in the U.S. House of Representatives, has announced he will retire from Congress at the end of his current term after it was revealed that taxpayers footed the bill for a 2014 settlement paid to a former aide who accused him of sexual harassment.

Filing deadline begins with accommodation denial

01/31/2018

Workers have just 300 days following an alleged violation to file an EEOC complaint claiming ADA disability discrimination. The clock starts ticking when the reasonable accommodation the employee requested is turned down, even if the employer then provided a different accommodation instead of the requested one.

Talk to your lawyer before switching to commissions

01/31/2018

If you are thinking of establishing a system of commissions to create new sales incentives, consult your attorney first. Errors are common.

Guard against retaliation any time employee makes internal complaint about pay

01/31/2018

When a worker complains about being underpaid, that may be protected activity and punishing the worker for complaining may be retaliation. Advice: Take all compensation complaints seriously. Make sure supervisors don’t retaliate.

Make arbitration agreements separate documents, not part of your handbook

01/31/2018
If, like many employers, you have neglected updating your employee handbook, now is a good time to do so. That’s particularly true for Texas employers that use arbitration agreements to keep employment law disputes out of court.

Ensure harassment reporting policy is clear

01/31/2018

If you require employees to report alleged harassment, you have some legal protection if you take prompt action to stop the misconduct. However, if the reporting process is confusing, contradictory or otherwise ineffective, it may not benefit you at all.

Most victims of sexual harassment never report it

01/30/2018

Thanks to the #MeToo movement, more victims are feeling empowered to come forward about workplace sexual harassment, but according to a new CareerBuilder survey, the majority continue to keep quiet.