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Employment Law

Never assume pregnant employee can’t work

06/15/2017
Here’s an important reminder to pass along to your organization’s supervisors: While pregnant employees who experience complications may be temporarily disabled and entitled to reasonable accommodations, never assume an employee has limitations just because she is pregnant.

KKK hoods lead to settlement in Houston retaliation case

06/13/2017
Downhole Technologies in Houston will pay $120,000 to settle charges it retaliated against a black employee after he complained of harassment.

Amarillo trucking company pays disabled applicant

06/13/2017
Flying Star Transport in Amarillo has agreed to settle charges it violated the ADA when it refused to hire a truck driver whose arm had been amputated when the driver was a teenager.

$150k for the hair on his chinny, chin, chin

06/13/2017
U.S. Tubular Steel Products in Houston will pay a former applicant $150,000 in damages after it refused to accommodate his religious beliefs during a pre-employment drug test.

Ensure new workers receive arbitration policy

06/13/2017
While Texas law allows employers to make employees submit work-related claims to arbitration, there are ground rules. The first is that the employee must have notice that an arbitration policy is required as a condition of employment.

OK to fire if employee is indefinitely unable to work for medical reasons

06/13/2017
An employee who had a long history of filing internal discrimination claims has lost a retaliation lawsuit. She alleged her employer retaliated against her when it terminated her after she missed work for medical reasons, an absence her doctor believed might last indefinitely.

ADA and Texas disability law differ: No state right to medical confidentiality

06/13/2017
Texas courts interpreting Chapter 21 of the Texas Labor Code generally attempt to interpret it consistently with federal anti-discrimination laws. They frequently look to federal court decisions for guidance. However, there are differences between Texas and federal anti-discrimination laws.

Texas Supreme Court rules on disability

06/13/2017
The Texas Supreme Court has reversed a lower court’s decision that urinary incontinence is not a disability under the state’s disability discrimination laws.

Document performance to beat bias claims

06/13/2017
When a fired employee claims he was the victim of discrimination, be prepared to show that the real reason for termination was poor performance. That requires keeping detailed documentation of any work deficiencies.

DOL tells staffers to stay home when Trump delivers speech at HQ

06/12/2017
In advance of President Trump’s planned June 14 visit to the Department of Labor, Acting Deputy Labor Secretary Ed Hugler sent an all-staff email urging DOL employees not to come to work that day.