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Louisiana

Track pay raises as defense to retaliation claims

08/01/2007

Sometimes, employees who have complained about real or imagined discrimination look for evidence that they’re being punished for complaining. Then, when something happens at work that may be completely unrelated to the complaint (e.g., a missed raise because of budget constraints or job cuts due to business cycles), they cry retaliation. Your best protection is to keep detailed records of all pay increases and merit payments …

Mere psychiatric diagnosis does not a disability make

08/01/2007

Not everyone who has a diagnosed psychiatric condition is disabled and entitled to protection under the ADA. Before you authorize reasonable accommodations or allow a psychiatric condition to become an excuse for poor performance, decide whether the condition rises to the level of a covered disability …

Beware any change in working conditions after complaint

08/01/2007

When an employee claims discrimination, HR should make sure that employee isn’t retaliated against. But retaliation is more than lost promotions, discharge or demotions. Retaliation can be any employer-initiated action that would deter a reasonable person from complaining. That’s why it’s crucial for HR to let supervisors and managers know they shouldn’t change anything about the employee’s working conditions without HR approval …

Remove open job listings if you don’t plan to fill them

08/01/2007

Do you routinely keep unfilled positions open and posted? If so, consider removing them until your organization plans to actively recruit to fill them. Otherwise, an employee who is disgruntled for not having been promoted may see the posting and try to argue that he or she is being retaliated against for prior complaints …

How not to treat a pregnant employee

08/01/2007

Pregnant Texas employees are protected from discrimination under the Texas Commission of Human Rights Act (TCHRA). The TCHRA prohibits sex discrimination and makes it an “unlawful employment practice if because of … sex … the employer discharges an individual.” It also defines sex discrimination to include “discrimination because of or on the basis of pregnancy.” …

FMLA obligation ends when worker says he won’t return

07/01/2007

The FMLA guarantees a qualified employee up to 12 weeks’ unpaid leave and the right to return to the same job (or a substantially similar one) after the leave ends. But employees don’t always return …

Hypersensitive employee doesn’t get special protection

07/01/2007

Most organizations realize they have to take reasonable steps to stamp out sexual harassment. Their efforts have probably done a lot to wipe out the most blatant examples,  but what about more subtle harassment? …

Suggest alternative job, and let employee get clearance

07/01/2007

When a disabled employee asks for an accommodation, your organization is supposed to discuss the request and make suggestions …

When filing lawsuits, employees not entitled to ‘Two bites at the apple’

07/01/2007

A recent federal appellate court ruling should give some comfort to employers in Texas and other states in the 5th Circuit …

You Can Issue ‘Gag Order’ While Investigating Complaint

06/19/2007

Nothing disrupts a workplace like unbridled rumors, especially when it’s about a sexual harassment complaint. Such chatter can make it hard to carry out a fair and impartial investigation. For that reason, you can—and should—be proactive about curbing idle speculation while your organization investigates …