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Texas

EEOC flips switch on harassment suit against Philips Lighting

10/04/2011
The EEOC is suing Philips Lighting, alleging that it allowed a woman who worked in its Dallas warehouse to endure severe sexual harassment.

Did Scooter Store pull an ADA fast one?

10/04/2011

File it under “Ironic.” The Scooter Store faces EEOC charges that it failed to accommodate an employee who had a hard time getting around because of an injured knee. The New Braunfels-based chain sells motorized scooters and power chairs for people with limited mobility.

Beware seeking exemptions under Motor Carrier Act

10/04/2011
Some employers think they can classify truck drivers as exempt under the Fair Labor Standards Act by relying on the federal Motor Car­rier Act. But that’s tricky. To be covered by the MCA, the drivers must cross state lines while doing their jobs.

Court: 180-day deadline to file state bias claims is firm

10/04/2011
The Court of Appeals of Texas has ruled that the 180-day deadline for filing state discrimination charges should be strictly enforced. Em­­ployees who file late are out of luck.

Beware the tipping point: Setting up tip pool often requires expert legal advice

10/04/2011
Restaurants that use tip pools and rely on the tip credit to justify paying their employees $2.13 per hour rather than the minimum wage of $7.25 per hour often grapple with which employees can be included in the pool. It’s not always clear.

Committee choosing employees for promotion? Insist on complete record of selection factors

10/04/2011
It’s hard picking which employees to promote and which ones to pass over, especially when a committee must make the decision. The HR professional overseeing the selection process should get proactive by insisting that the committee document the proc­­ess.

EEOC: Something fishy about Bass Pro’s hiring patterns

10/04/2011
An EEOC lawsuit claims the Bass Pro Shops outdoor sporting goods retailer has been discriminating against black and Hispanic job applicants since at least 2005. The alleged reason: Minority employees wouldn’t fit the stores’ “corporate profile.”

Track employee input on ADA accommodations

10/04/2011
When it comes to accommodating disabilities, the process is supposed to be interactive. That means both the employee and em­­ployer are supposed to discuss how best to accommodate a disability while meeting everyone’s needs. It’s important to keep excellent records showing your efforts at accommodation and em­­ployees’ responses—especially if they are less than cooperative.

Make bosses justify hiring, promotion choices

10/04/2011
Insist that all those involved in the hiring process document why they chose the candidate they did. That way, if a hiring manager inadvertently used hiring criteria that may have had the appearance of being biased, you can use those alternative reasons to de­­fend against a discrimination lawsuit.

What are the rules on setting a late policy?

10/03/2011
Q, We would like to institute a rule subjecting em­­ployees to discipline for clocking in late. Are we permitted to do this even though we round our employees’ time to the nearest quarter-hour?