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Employment Law

ENDA nears Senate passage

11/04/2013
Fifty-six senators have said they will vote for the Employment Non-Discrimination Act (ENDA) if it comes up for a vote this month.

Be sure to document any deviation from evaluation rules

11/01/2013

Following your own rules for discipline, promotion and evaluation is the best defense against a discrimination lawsuit. But that doesn’t mean you can’t make exceptions to your rules when the situation calls for it. Just make sure that you document why you made the exception at the time you did.

Texas AG lawyer blows whistle on hostile work environment

10/31/2013
An attorney in Texas Attorney Gen­­eral Greg Abbott’s office has filed a whistle-blower complaint claiming he has been forced to work in a hostile environment. Among his allegations: rampant discrimination, misuse of taxpayer dollars and falsification of hourly time sheets.

EEOC: Longview Popeye’s violated ADA

10/31/2013
The EEOC is suing a Popeye’s Chicken and Biscuits franchisee, alleging it illegally refused to hire an HIV-positive man for a job at a Longview restaurant. In its complaint, the EEOC claims Famous Chicken of Shreveport violated the ADA when it refused to hire the well-qualified applicant because of his condition.

Car dealership faces ­disability bias charges

10/31/2013
A former general manager at Benny Boyd Chevrolet-Chrysler-Dodge-Jeep in Lubbock claims he was denied partnership in the company when he developed multiple sclerosis.

5 steps you must take to prevent and address sexual harassment

10/31/2013
In 2012, the EEOC received 7,571 complaints from workers alleging they were sexual harassment victims (17.8% of whom were men) and recovered $43 million for har­­assed workers. Don’t let your organization add to those statistics. Take these steps to prevent and address sexual harassment.

Consult lawyer before firing returning service member

10/31/2013
Members of the armed forces are protected from discharge for being called to duty. That includes those who must take short training leaves. Once released from brief active-duty periods, they must get their jobs back. Firing a returning service member without a solid reason may spark a lawsuit.

Feel free to change schedules if it will save money or improve operations

10/31/2013
Do you need to change someone’s job duties to economize? Don’t fear that doing so will trigger a lawsuit—as long as you can show the changes were necessary and not just an excuse for discrimination.

Vague or nonexistent harassment policy? In same-sex cases, prepare to pay

10/31/2013
Judges don’t have much patience with employers that don’t understand their obligations to prevent or stop sexual harassment, including same-sex harassment.

Harris Health System pays out $4M for back OT

10/31/2013
Harris Health System in Houston will pay out more than $4 million in back pay after it failed to include incentive pay when calculating overtime for thousands of hourly staff members.