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Texas

Houston firm to pay millions to settle criminal charges

11/01/2007

A subsidiary of a Houston-based energy firm has agreed to pay $15 million to resolve charges stemming from a 2004 pipeline explosion in Walnut Creek, CA, that killed five workers …

COBRA notice for new hires

11/01/2007

Q. What are our obligations under COBRA when we hire a new worker?—T.J. …

FLSA governs employment of minors

11/01/2007

Q. My company often receives applications in the summer months from teens looking for temporary jobs. Are there any requirements that I should be aware of before hiring a minor?—J.S. …

Who is the harasser? Supervisor or co-Worker status matters

11/01/2007

Whether an employer is liable for workplace harassment under Title VII of the Civil Rights Act or state law oftentimes turns on the status of the harasser. If the employee’s supervisor is the harasser, liability for adverse action harassment is automatic. If, however, the harasser is a fellow employee or a supervisor other than the employee’s, the employee must show that the employer knew or should have known about the harassing behavior …

If new job stinks, requested transfer can be retaliation

10/01/2007

When an employee requests a transfer after complaining about alleged harassment, don’t jump at the opportunity—only to place him in an unpleasant new environment. Merely honoring a request to be moved isn’t a defense against a retaliation claim. That’s true even if you provide the same pay and don’t change benefits, seniority or any other aspect of the employment relationship …

Don’t rely on broad diagnosis: Assess disability individually

10/01/2007

Millions of Americans have diabetes, and millions more have it but don’t know it. But with new medications and careful diet, most diabetics can control their condition and lead largely normal lives. That has implications for how employers handle their ADA obligations …

Have zero tolerance for offensive national-Origin comments

10/01/2007

A nation embroiled in war tends to be jittery and tempers run high. When anger and emotion seep into the workplace, things can get ugly. That’s why it’s important to remind everyone that you won’t tolerate comments, gags or jokes aimed at employees who may share ethnicity, religion or national origins with the “enemy” …

Combination discrimination claims don’t fly in Texas

10/01/2007

Sometimes, employees who think they have been discriminated against—and their attorneys—try novel approaches to make a claim. One of these is the so-called disability-plus claim, whereby the attorney tries to show that the employer discriminated against his disabled client by treating her worse than other disabled employees of another sex or race. But as the following case shows, disability-plus discrimination claims won’t always fly in Texas …

 

You can accommodate and still question employee’s disability

10/01/2007

Sometimes, it seems easier to just make an accommodation than argue about whether the employee requesting one is really disabled. But does making the accommodation mean you agree the employee is disabled? The answer is no. If the employee comes back asking for even more accommodations, you still can challenge her status.

Fire offender to decouple discrimination, employment action

10/01/2007

Remind upper-level managers: When a supervisor or mid-level manager makes comments that could be construed as racist or religiously motivated, it pays to act fast. In fact, firing the responsible manager sometimes can be the best way to go. That way, if the employee he disparaged later gets turned down for a promotion or a raise, it will be much harder for an attorney to show a connection between the supervisor’s biased views and the denied opportunity …