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Texas

Believe it or not, you still have to say it: Managers can’t express racial preferences

02/28/2014
By now, you might think no manager would be so stupid as to openly state their reluctance to hire someone of a particular race. Believe it or not, it still happens. When it does, that’s when expensive and time-consuming litigation begins.

Serial FMLA requests? Respond to every one

02/28/2014
Some employees seem to believe that every minor illness is grounds for FMLA leave. If it’s clear an absence is for an illness not covered by the FMLA, say so. That way, an employee can’t later argue that he was unfairly denied leave when you include the absence in the disciplinary process.

Develop process for extending FMLA leave

02/28/2014
Some employees aren’t quite ready to return from FMLA leave after their 12 weeks are up. How you handle their request can make the difference between winning and losing a discrimination lawsuit.

Smell alcohol on employee’s breath? What to do now

02/07/2014
When you smell alcohol on an employee, or receive reports that an employee smells of alcohol, you need to act fast to protect everyone’s safety—but not so fast that you mishandle the situation. Follow these guidelines.

When porn is ‘research,’ First Amendment may apply

02/07/2014
Some professions in the public sector may benefit from constitutional protections more than other employees.

Can we fire worker who gave notice and promptly started slacking off?

02/05/2014
Q. One of our employees gave us a two-week notice because he found another job. However, now the employee is unmotivated and not focused on his work. Can we let him go before the two-week period is up?

Post-Windsor, what’s the tax status of benefits for same-sex married couples?

02/05/2014
Q. In the wake of United States v. Windsor, we have extended a number of our employee benefits to same-sex married couples. Can you provide any guidance on the proper treatment of flexible spending account (FSA) expenses and health savings account (HSA) and dependent care assistance program (DCAP) contribution limits for same-sex married couples?

Austin P.D. reassignments: Culture change or bias

02/05/2014
The Austin Police Department last year reassigned 19 supervisors from its organized crime division in what officials term an attempt to “change culture.” Thirteen reassigned officers see the move differently, and they are fighting it.

Frito-Lay seeks end to OFCCP discrimination probe

02/05/2014

In 2007, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs selected Frito-Lay for an audit by issuing a scheduling letter. Two years later, the agency re­­quested hiring data for January 2008 to October 2009 claiming it had found a “statistically significant” difference in its hiring rate for women at its Dallas facility. Frito-Lay refused, claiming the scheduling letter did not authorize the new data’s release.

Firing during FMLA leave may mean personal liability

02/05/2014
In a bizarre legal twist, the 5th Cir­­cuit Court of Appeals has ruled that a supervisor who was sued over his decision to terminate an employee for taking FMLA leave may be personally liable for terminating her—despite the fact that the public employer may be immune to an FMLA lawsuit.