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Texas

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?

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.