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Texas

Was she just foul-mouthed–or a victim of bias?

03/04/2011
Westward Trails Rehabilitation and Healthcare Center says it fired Evelyn Jones because she cursed at a patient at the Nacogdoches nursing home. The 67-year-old Jones says she lost her job because of her age and race.

EEOC: Houston Fire Department hostile to female firefighter

03/04/2011

The EEOC has determined that the Houston Fire Department subjected firefighter Jane Draycott to a hostile work environment when it failed to address her complaints of sex discrimination and retaliation. That finding could prove costly to the city of Houston, since Draycott is suing the department.

Disclaimer can counter employment-contract argument

03/04/2011
A disclaimer that clearly states an employee has no employment contract may be enough to kill a tortuous interference-with-contract claim.

Unions have no separate duty to ferret out discrimination

03/04/2011
Employers are obligated to make sure their employees don’t discriminate. However, unions have no similar duty to investigate and expose bias.

Good record-keeping, constant contact are key to successful FMLA administration

03/04/2011

Smart employers carefully track FMLA leave and make sure employees know their rights. That includes warning employees when their leave is about to expire and explaining their options for returning or requesting additional time off. By keeping employees informed and meticulously tracking all conversations, you make it harder for someone to successfully sue you.

Texas deadlines tighter than Ledbetter Act’s

03/04/2011
A Texas appeals court has ruled that the Lilly Ledbetter Fair Pay Act of 2009 doesn’t change the deadline for filing a claim under the Texas Labor Code. Employees still have to use the pay decision date as the start of the filing deadline.

Statewide anti-gay bias bill introduced in Legislature

03/04/2011
Texas state Rep. Mike Villarreal (D-San Antonio) has filed a bill that would prohibit Texas employers from discriminating against employees on the basis of sexual orientation, gender identity or gender expression.

Tell bosses: Don’t play doctor with the FMLA

03/04/2011

When an employee asks for and is granted FMLA leave, absences that occur during the approved leave can’t be held against him. That includes days when he might be able to work but, according to doctors, shouldn’t do so. According to a Texas court, that means employers can’t retroactively assess absenteeism points during FMLA leave.

Ready to punish slacking employee? First, have a talk with her

02/21/2011
If you hesitate to discuss problems with employees before disciplining them, it may be time to reconsider. After all, employees often admit their mistakes when confronted directly. Any admissions the employee makes during the interview can be used later to support your disciplinary decision.

Discipline worker who complained of bias–if warranted and consistent with past practice

02/21/2011

Employees who claim some form of discrimination are protected from retaliation. But that doesn’t mean employers can’t discipline employees who have complained. The key is to make sure any discipline is based on legitimate concerns and doesn’t go beyond that which other employees who didn’t complain would receive.