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Texas

Is it a personality conflict or discrimination? Let investigation guide your response

10/03/2011
There are times when a supervisor and a subordinate simply can’t get along. It’s important for HR to distinguish between a personality conflict and discrimination. The former is cause for concern because it is disruptive and counterproductive. But the latter must be dealt with immediately and firmly—because it’s illegal.

Texas Roadhouse beats religious bias lawsuit

09/06/2011
When an employee’s religious needs clash with an employer’s scheduling demands, courts often take the worker’s side. But a Nueces County jury recently turned the tables, deciding that the Texas Roadhouse restaurant chain had acted appropriately to accommodate an employee’s request for time off to practice his religion.

Former TSU hoops coach wins $730,000 for sex bias

09/02/2011
Former Texas Southern University women’s basketball coach Surina Dixon has won $730,000 in a sex discrimination and retaliation lawsuit she filed after being fired in 2008, shortly after she was hired.

Remove bias suspicion: Make firing a group decision

09/02/2011

Employers that use a team to carry out termination decisions may have an advantage. Case in point: George Dulin, who is white, lost his job of two decades as an attorney for a hospital. When a black attorney replaced him, he sued for race discrimination.

Reason prevails: Court limits supersized class actions

09/02/2011
Courts are beginning to rein in col­­lec­tive actions, in which a few com­­plaints about unpaid overtime can explode into massive litigation if courts aren’t careful.

Employee won discrimination case? Understand bias laws’ cap on punitive damages

09/02/2011

Employees who win discrimination cases are sometimes entitled to punitive damages if their employer’s actions were egregious. But those damages are capped based on the employer’s size. Now the 5th Circuit Court of Appeals has clarified that the cap applies to all claims brought by the same party, even if she wins on several claims.

OK to lay off worker who’s out on FMLA leave if it’s a business necessity

09/02/2011

Some employees assume that they will always get their jobs back after taking FMLA leave. Usually that’s true, but not always. Take, for example, a case in which an employer needs to lay off workers. An employee’s FMLA status doesn’t necessarily protect her job in such a situation.

Make sure supervisors understand: Do not ­discourage employees from using FMLA

09/02/2011
The FMLA gives eligible em­­ployees an absolute right to take leave and prohibits employers from discouraging employees from taking that leave. Anything that dissuades employees from using FMLA leave is grounds for litigation.

Brief tenure, quick settlement with El Paso Starbucks

09/02/2011
Elsa Sallard, a dwarf who worked as a barista at an El Paso Starbucks, has settled her lawsuit against the company for $75,000. Sallard claimed Starbucks fired her after just three days on the job when she asked to stand on a stool behind the counter.

Don’t fear old, properly resolved complaint

09/02/2011

When faced with discipline and the possibility of getting fired, some employees try to revive old complaints that have long since been resolved. They hope that resurrecting an old complaint will make their employer think twice about terminating. But employers are entitled to get work done. Don’t let a ploy like this prevent legitimate and necessary discipline.