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Texas

Fort Worth extends bias protection to transgenders

12/03/2009

On Nov. 10, the Fort Worth City Council voted to amend the city’s anti-discrimination ordinance to include discrimination based on transgender status, gender identity, or gender expression. Fort Worth now joins Austin, Dallas and El Paso as the only Texas cities banning such discrimination.

Noose, slurs lead women to sue for discrimination

12/03/2009

Two former employees of Trey Industries are suing the commercial construction company, claiming they were fired after complaining about racism they experienced while working at a Marathon Oil facility in Texas City.

After the deluge: Hurricane Ike washes up an age bias lawsuit

12/03/2009

A former employee of the University of Texas Medical Branch (UTMB) in Galveston has filed a lawsuit alleging he was fired last year because of his age. Thomas Galan claims he was let go at the age of 53 after Hurricane Ike forced UTMB to temporarily shut down in September 2008 and lay off hundreds of employees.

Congress passes new law expanding family medical military leave

12/03/2009

Just when you thought you had implemented all the necessary changes to your family- and military-leave policies, the law has again changed. On Oct. 28, President Obama signed the National Defense Authorization Act (NDAA) for the 2010 fiscal year, which includes provisions that expand the military leave entitlements of the FMLA.

Can we administer a polygraph test to find out if one of our employees has been stealing?

12/03/2009

Q. I am a manager for a local bank. I strongly suspect that one of my tellers is stealing because his drawer is short every week. I have interviewed several employees, but no one knows anything, and the teller refuses to answer any questions regarding the missing money. Can I require him to take a polygraph test?

How does the Texas job reference law affect what I can say about former employees?

12/03/2009

Q. I recently received an inquiry for a reference regarding a former employee. Does the job reference law alter what I should disclose regarding this person’s employment history?

H1N1 virus alert: Complying with the ADA during an emergency

11/13/2009

The H1N1 influenza virus has added a note of urgency to the need to understand the ADA’s privacy requirements. Although some of the rules are relaxed in emergencies, employers that use confidential medical information to discriminate against workers will have to answer in court for their actions.

Sudden retirement? Watch for age bias lawsuit

11/02/2009

Older employees who believe a supervisor is trying to get rid of them because they’re too old can voluntarily retire—and then turn around and sue their former employer. By citing the so-called constructive discharge theory, they can show they had no choice but to quit.

Use clear criteria to ensure bias-free hiring

11/02/2009

Judges rarely second-guess the decisions of employers that use reasonable methods to hire or promote the best candidates. By using objective criteria and documenting the selection process, savvy employers win most cases.

Know the leave factors to consider when the FMLA and the ADA might both apply

11/02/2009

Many employers believe that if an employee needs accommodations for a disability that’s related to the same serious health condition covered by the FMLA, they don’t have to provide any additional leave once the employee has used 12 weeks of FMLA leave. That’s not always true. In fact, additional unpaid leave after FMLA leave has been exhausted may be a reasonable accommodation under the ADA.