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Employment Law

Prepare to explain necessity of medical exams

12/13/2017

Employers that require all employees to undergo medical exams either annually or following injury or illness may have a hard time justifying their policies under the ADA.

Small annoyances can add up to retaliation

12/13/2017

Retaliation can be anything that would dissuade a reasonable employee from complaining about discrimination in the first place. It doesn’t have to be an isolated act.

New EEOC web portal could lead to more charges

12/13/2017

The EEOC has launched a new web portal designed to make it easier for employees to initiate discrimination charges.

Feds file Supreme Court brief opposing ‘fair share’ union dues

12/12/2017

The Trump administration has weighed in on an upcoming U.S. Supreme Court that could determine if labor unions can charge “fair-share fees” to employees who aren’t union members.

EEOC wins big on sexual orientation bias

12/07/2017

The EEOC has won a significant legal victory in a case testing the theory that discrimination on the basis of sexual orientation is sex discrimination under Title VII of the Civil Rights Act.

Investigating harassment in the #MeToo era

12/07/2017

Tales of sexual harassment from Hollywood to Washington have HR departments everywhere pondering the worst-case scenario: What if someone has been harassing co-workers for years? That ticking time bomb could go off at any time.

Houston union settles EEOC race bias claims for $30,000

12/06/2017

Local 100 of the United Labor Unions, a multi-state service workers’ union, has agreed to settle charges it discriminated against two black organizers when it fired them for allegedly not meeting recruiting goals.

Principal sues Houston schools for race, age discrimination

12/06/2017

A renowned Houston high school principal who was suspended with pay in September has filed a race and age discrimination lawsuit against the Houston Independent School District.

ADA interactive accommodations process not required—if employee isn’t disabled

12/06/2017

Employers are supposed to engage with disabled workers and applicants in the ADA’s interactive accommodations process in order to arrive at reasonable accommodations. But what if the employer refuses—and it turns out the employee wasn’t actually disabled?

Track hours worked … unless you want court to

12/06/2017

If you haven’t kept track of all worker hours, a court will ask employees for their estimates. And if the court thinks that isn’t accurate either, it will come up with its own estimate. That’s what happened in one recent case.