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Texas

EEOC’s new guidance on criminal background checks

05/30/2012
Earlier this year, the EEOC issued up­­dated guidance on how employers should use arrest and con­­viction records when making hiring decisions. If you use criminal background checks to screen applicants and employees, this affects you! Fact: Checks that were once routine are now under the gun.

Reporter fired for stripping files EEOC discrimination suit

05/30/2012
A former Houston Chronicle reporter has filed a sex discrimination complaint against the newspaper claiming she was illegally fired for failing to inform her bosses that she was moonlighting—as a stripper.

30 great interview questions to identify candidates’ soft skills

05/30/2012
One of the best ways to tell if applicants have the skills to perform specific tasks is to directly ask how they’ve used those skills in the past. These sample questions can help hiring managers spot 10 important “soft” skills:

‘Hispanic’ may indicate race or national origin

05/30/2012
When an employee or applicant wants to initiate a race or national-origin discrimination case, the first step is filing an EEOC complaint. The forms include boxes to check, designating the kind of bias alleged.

Good judgment, thorough documentation win cases

05/30/2012
Your organization will be sued at some point. That’s why you should make sure every employment decision is backed by good judgment. Document the decision for later use.

Be prepared to explain why hiring criteria favor experience more than education

05/30/2012
Some jobs demand relevant, real-world work experience. If a failed applicant sues, claiming a college degree should have trumped on-the-job experience, you’ll probably win—if you can justify your experience requirements.

Hiring managers aren’t doctors! Don’t let them turn away disabled applicants

05/30/2012
Remind managers who take job applications that they can’t automatically turn away applicants with disabilities. That can cause a lawsuit that could result in huge punitive damages.

Consider both the ADA and the FMLA when handling employee substance abuse

05/30/2012
The ADA and the FMLA work together to give options to employees with drinking problems, with the goal of helping them get sober and stay that way. If one of your employees needs treatment for alcoholism, consider both laws when approving time off or altering his schedule.

Court: Union contract limits arbitrator’s role

05/30/2012
In a union workplace, the collective bargaining agreement outlines rights for both employees and the employer. It also defines the powers an arbitrator may have if called on to interpret the contract. If the arbitrator goes too far, a court can reverse his or her decision.

FMLA mentioned? Beware inadvertent retaliation

05/30/2012
After an employee tells you he needs FMLA leave, don’t let that information affect your decision-making about promotions or transfers. That could trigger a lawsuit.