A white man who was fired from his management position at a McKinney manufacturer is suing his former employer for reverse discrimination, claiming he was let go to clear the way for a black employee to take the job.
If yours is a religious organization, many employment discrimination laws may not apply to some employees who perform “ministerial” work.
Is your workforce unionized? Then expect union reps to push grievances aggressively, especially if they involve possible racial issues. That’s because more employees are suing unions over timid representation.
Before authorizing a transfer, demotion or other adverse action based on poor performance, make sure you check the employee’s file. That’s especially true if the employee (or someone closely associated with the employee) has recently filed an EEOC complaint or lawsuit or otherwise engaged in protected activity.
Generally, anti-discrimination laws are designed to punish egregious offenses rather than rude or inconsiderate behavior. That’s good news for employers dealing with isolated, sexually suggestive comments or behavior.
Many employers have workplace violence policies that prohibit employees from possessing firearms in or around the workplace. They’ll have to rethink those policies, now that Texas has a new law that limits most employers’ right to bar employees from having firearms in vehicles parked at employers’ parking areas.
Texas employers have long been frustrated with the expense of defending against frivolous claims. Even when employers win a lawsuit, litigation can cost thousands in legal fees and lost productivity. Now at least some help is on the way. The Texas Legislature has passed the much-hyped “Loser Pays Law.”
Protect your organization from harassment lawsuits by focusing your attention on both preventive and corrective measures. Give every employee a copy of your anti-harassment policy. Train everyone to ensure they understand their rights and responsibilities.
Restaurants that use tip pools and rely on the tip credit to justify paying their employees $2.13 per hour rather than the minimum wage of $7.25 per hour often grapple with which employees can be included in the pool. It’s not always clear.
On Nov. 30, 2011, the National Labor Relations Board voted 2-1 in favor of changing the union election rules to speed up the process of securing union representation in workplaces nationwide. The new rule shortens the time between the filing of an election petition and actual voting, making it easier for unions to win elections and more difficult for employers to communicate with employees before the vote.