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Employment Law

Court imposes anti-harassment policy on San Antonio company

12/03/2012
A federal judge has ordered AA Foun­­dries to take steps to stop workplace racial harassment after the San Antonio manufacturer lost a lawsuit filed by the EEOC. A jury awarded $200,000 to three black employees who accused a plant superintendent of routine racial harassment.

Feds trim $106K in back pay from Midland landscaper

12/03/2012
Seventy current and former landscaping employees will rake in $106,818 following a U.S. Depart­­ment of Labor investigation of their Midland employer’s wage-and-hour practices.

Conduct mandatory training to prevent supervisor harassment

12/03/2012
The U.S. Supreme Court and federal agencies look askance at employers that don’t train employees and supervisors how to prevent, detect and report harassment. As a practical matter, such training is essentially required.

Employee complains to TCHR? OK to end internal grievance

12/03/2012
Many employers have in­­ternal grievance procedures for em­­ployees who feel they have been discriminated against. But what if, while the complaint is pending, the employee files a complaint with the Texas Com­­mis­­sion on Human Rights?

No obligation to create indefinite light-duty job

12/03/2012
You don’t have to create permanent light-duty work for injured workers, as the following case shows.

Court: Job changes must cause real harm to form basis for employee’s lawsuit

12/03/2012
Judges don’t want to waste their time on frivolous litigation; they’ll usually act fast to dismiss sham lawsuits. That’s especially true when it is obvious the employee is complaining about what, at most, constitutes a slight inconvenience, like a shift change.

Keep the snark to yourself! If you suspect malingering, let system play out

12/03/2012
Sometimes, employees fake or exaggerate injuries in the hopes of getting paid time off. If you suspect that’s going on, don’t get angry and put vindictive roadblocks in the employee’s way. Instead, treat him the same way you treat everyone else.

Hiring: List experience requirements, too

12/03/2012
When posting job openings, don’t focus solely on educational re­­quirements. Instead, be sure to clarify that job experience is also required—and provide specific examples.

What are the downsides of personality tests?

12/03/2012

Q. We are thinking about using personality tests to evaluate whether applicants would be friendly and communicate well with our customers. Does using such a test expose us to potential lawsuits?

English-only rule: Is it legal?

12/03/2012
Q. Is it legal for our company to require employees to speak only English at work?