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Texas

ADA: Don’t let procedural hurdles stop accommodations process

01/09/2013
Employees with disabilities have the right to request reasonable ADA accommodations. Punishing them for making such a request can be grounds for a retaliation lawsuit—even if no accommodations were possible or due.

How to stop midshift intermittent FMLA leave abuse

01/09/2013
There’s nothing quite like trying to manage intermittent FMLA leave for employees who must see to loved ones’ care during working hours. It’s even more difficult if the employee comes to work, only to spend all her time on the phone, supposedly dealing with the serious health condition covered by FMLA intermittent leave.

Beware! Old slights can bolster new bias claims

01/09/2013
Here’s an important factor when considering discharge: Dis­­crimi­­nation complaints made years ago can form the basis for a lawsuit if the underlying events show a pattern of discrimination.

How should we handle documents containing info about employees’ medical conditions?

12/03/2012
Q. Our office received medical information from an employee’s physician in conjunction with his FMLA leave request. What’s the best way for us to maintain this kind of documentation?

Does the FMLA cover leave for ‘stress’?

12/03/2012
Q. One of our employees has asked to go on medical leave due to “stress.” Does stress qualify as a condition that requires leave?

NLRB expands duty to respond to union information requests

12/03/2012
The NLRB continues to force new requirements on employers from all directions. Its latest salvo comes in its ruling in IronTiger Logistics. The NLRB says resulting new requirements represent an effort at increased civility and common sense in the negotiation process. However, the legal foundation for the ruling is suspect.

Selma, DOJ settles firefighter’s retaliation suit

12/03/2012
The U.S. Department of Justice has reached a settlement with the city of Selma, ending a lawsuit that alleged violations of Title VII of the Civil Rights Act.

Dallas silkscreener settles ADA complaint

12/03/2012
Dallas-based DuPriest and Sons Holding will pay $24,000 to settle EEOC charges that it violated the ADA when it laid off a longtime employee after he informed his supervisor he would need regular kidney dialysis.

Worker’s heat-related death leads to OSHA fine

12/03/2012
OSHA has slapped Symmetry Turf Install­­ations with two citations for serious safety violations after one of its employees died of heat stroke.

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.