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Discrimination / Harassment

Words matter when firing disabled employee

07/09/2014
If a disabled employee is about to get the ax for reasons that have nothing to do with her condition, don’t make any comments about her health. Otherwise, it could look like you really fired her because she is disabled—and it could become the basis for a disability discrimination lawsuit.

Assault & battery suits an emerging legal risk

07/09/2014
While you likely have a grasp on the definition of unlawful harassment and discrimination, have you thought about what constitutes assault and battery in the workplace?

Can I prohibit employees from all smoking?

07/07/2014
Q. I despise cigarette smoking, and I want to restrict my employees from smoking as much as possible. To what extent can I do so?

What’s our risk of a sexual harassment suit?

07/07/2014
Q. The vice president of my company, whom I appointed, is really a nice guy, but he has propositioned many of the female employees on multiple occasions for sexual acts in his office. He has a great attitude towards the female employees who agree, but those who refuse have been recently discharged without my consent. Is this sexual harassment?

What could a race discrimination suit cost us?

07/07/2014
Q. An employee recently filed suit claiming race discrimination. What kinds of damages can he sue for, and what compensation could he receive?

Do we have an age discrimination risk if employee can no longer perform his job?

07/07/2014
Q. Jim has been a security guard for my company for over 20 years, and has always performed his duties without problem. Since his 60th birthday a few years ago, however, Jim has become steadily less able to walk the required distances during his rounds, and has also been forgetting crucial requirements of his position. Am I allowed to discharge him?

Houston City Council passes anti-discrimination measure

07/07/2014
Houston employers have a new local anti-discrimination ordinance to comply with. In addition to the classes protected by federal and state law, Houston now protects employees from discrimination based on familial status, marital status, gender identity and sexual orientation.

Remind supervisors: You don’t tolerate name-calling, especially when it’s race-based

07/07/2014
If there is one thing that will get a federal judge’s attention, it’s name-calling that targets a particular race or ethnicity. While one comment may not be enough for a lawsuit, repeated name-calling almost certainly demonstrates hostility. That’s especially true if a supervisor makes the comments.

Need to alter duties? Document the reasons

07/07/2014

Employers have the right to manage their workforces in the most efficient way possible as long as they don’t discriminate. As a practical matter, that means employers should think ahead to a potential lawsuit when making significant workplace changes such as reducing the workforce, consolidating positions and reassigning work.

Not every hotline call is protected activity

07/07/2014

Many employers have a hotline that employees can call to report discrimination, harassment or other workplace problems. Generally, employees who call a hotline are protected against retaliation because the call itself is “protected activity.” But that’s not always the case.