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Employment Law

ADA: Mental Disabilities

01/08/2014

HR Law 101: A few years ago, the EEOC released guidelines that clarify employers’ responsibilities in applying the ADA to workers with psychiatric disabilities. The law protects persons with mental disabilities, and employers must reasonably accommodate them …

5th Circuit rejects NLRB D.R. Horton decision on class-action waivers

01/07/2014
In a major win for employers, the 5th Circuit Court of Appeals rejected the highly controversial D.R. Horton decision from the NLRB.

MCM Grande & MCM Elegante pay $79,000 in back wages

01/07/2014
A U.S. Department of Labor Wage and Hour Division investigation has resulted in the MCM Grande and MCM Elegante hotels paying back wages and missed overtime to em­­ployees at several of its locations in Texas and New Mexico.

Operator tech sues chemical company for sex discrimination

01/07/2014
A former employee at Lanxess Corp. has sued her former employer, claiming the company discriminated against her because of her gender. She recounts male employees telling her “women aren’t supposed to be back here” and that it was “not a woman’s job.”

Words matter at work: Beware these 5 ‘lightning rod’ terms

01/07/2014
Layoff or firing? Probationary or permanent em­­ployee? Using the wrong employment-related terminology with an employee can expose your company to costly lawsuits.

ADA: Employer gets to choose accommodation

01/07/2014
It’s the employer that gets to choose a reasonable accommodation for a disabled worker, not the employee. While a disabled worker may prefer one solution over another, that’s not relevant.

Class matters when discrimination is alleged

01/07/2014
Employees who claim they were disciplined more severely than other employees have to compare themselves to similarly situated workers outside their protected class. They can’t claim someone in their same class got better treatment.

Don’t let religion be an excuse for missing work when it’s not the real reason

01/07/2014
Do you have an employee with a spotty attendance record who suddenly claims she can’t come to work on her day of worship? Employees can’t sue for denial of reasonable religious accommodations unless they prove three things.

Sure it was harassment, but it didn’t last long! A little hostility still means big liability

01/07/2014
Think you have plenty of time to investigate sexual harassment complaints? Think again. The fact is that even a few days of unresolved sexual harassment can become the basis for a lawsuit. Act ­­immediately to stop harassment or face the ­consequences.

Houston docs cough up $17K for FMLA violations

01/07/2014
The Houston-based Houston Ear, Nose & Throat Clinic will pay a former employee $17,390 after it failed to reinstate her to an equivalent position following FMLA leave.