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Texas

El Paso settles police official’s bias lawsuit

06/02/2010
In September 2008, El Paso Police Department Assistant Chief of Staff Diana Kirk filed a lawsuit charging the city with discrimination and retaliation. Now the El Paso City Council has voted to settle the suit, which alleged bias against Hispanic and female members of the police department.

Beware! Even small penalty can be retaliation

06/02/2010

Employees who complain about discrimination are protected from retaliation—and even a small financial penalty against an employee may be enough to trigger a lawsuit. Remember: The test for retaliation is whether a hypothetical reasonable employee would be dissuaded from complaining in the first place if he or she knew the consequences.

Know the one key limit on at-will employment

06/02/2010

Because Texas is an “at-will” state, employers are generally free to fire employees for any reason or no reason. Of course, firing employees under circumstances that would be illegal under any specific employment law won’t fly. But other than that, there is only one other discharge reason that puts employees outside at-will employment: Employers can’t fire employees for refusing to perform an illegal act.

Creating a drug-free workplace: How to draft a policy, conduct legal tests

05/11/2010

It’s in your best interest to detect employee drug abuse early and root it out immediately. But that’s easier said than done. Keeping your workplace drug-free means knowing how to spot the problem and effectively respond to it—without violating employees’ legal rights and creating legal liability.

Returning temps and the FMLA: What are our obligations as the client company?

05/06/2010
Q. A staffing agency has informed my company that a temporary worker who was previously assigned to us is returning from a leave under the FMLA. What are our obligations to this individual?

OK to test for alcohol under ADA?

05/06/2010
Q. We suspect some employees come to work drunk. Are workplace alcohol tests lawful under the ADA?

Shouldn’t applicants disclose disabilities?

05/06/2010
Q. We recently extended an employment offer to someone who was later determined to be unable to perform the essential functions of the position because of a visual impairment. As a result, we wasted a significant amount of time and missed the opportunity to hire other qualified individuals. Aren’t workers obligated under the ADA to disclose to an employer that they suffer from a disability?

Labor on the rise: Review your solicitation & distribution rules

05/06/2010

Unions are stepping up their organizing activity, and smart employers are preparing by making sure their rules on solicitation, distribution and access to private property meet legal requirements. If you don’t have a “no solicitation/no distribution” policy, adopt one now. It can help regulate two types of conduct that unions depend on when trying to organize a workplace.

Former county employees accuse judge of harassment

05/06/2010

Former employees of Brazoria County have filed an EEOC lawsuit claiming that a former judge sexually harassed them and that the county ignored the presence of sexual harassment in the workplace. The two women, previously employed in the county’s juvenile probation department, claim that Judge James Blackstock, who resigned last year over the scandal, has been harassing female county employees since 1993.

Houston issues comprehensive LGBT discrimination order

05/06/2010
Houston Mayor Annise Parker has signed an executive order protecting lesbian, gay, bisexual and transgender (LGBT) city employees “at every level of municipal government” from discrimination and harassment based on their sexual orientation.