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Employment Law

Texas court clarifies new definition of ‘Retaliation’

12/01/2006

Just a few months ago, the U.S. Supreme Court established a broad new legal standard for judging whether an employer has retaliated against an employee for complaining about discrimination (Burlington Northern v. White). Now, the 5th Circuit Court of Appeals has applied the standard to its first retaliation case after the Supreme Court decision. The news is good for employers …

Make sure your arbitration agreement is valid in Texas

12/01/2006

Arbitration agreements, in which employees give up their rights to go to court and instead submit their cases to arbitration, can be a great way to avoid unpredictable juries, negative publicity and the expense of a full-blown lawsuit. But if the agreement isn’t worded just right, you may end up with more expense and lost time rather than less …

Denial of lateral transfer isn’t an ‘Adverse job action’

12/01/2006

Employees who think a supervisor is treating them unfairly and suspect discrimination often will look for an escape. One tactic is to ask for a transfer to another department or location. Don’t think that you’re required to acquiesce …

Workplace stats can help disprove discrimination intent

12/01/2006

Nothing rankles employers more than being accused of discrimination when the statistics show that their workplace is a model of diversity and equal opportunity. You can turn those statistics in your favor …

Putting more weight on interview isn’t pretext for bias

12/01/2006

Employers that use a hiring committee to decide between candidates can put more emphasis on interview performance as a factor in the selection process. That’s true even if assessing how a person interviews is somewhat subjective …

Remark on religious fervor isn’t proof of biased motive

12/01/2006

It’s almost never wise to comment on an employee’s religion or religious practices. But take heart in a new ruling that shows not all inappropriate comments will be deemed discrimination …

Foil state bias claims by checking the calendar

12/01/2006

Texas employees have 180 days after an alleged discriminatory act to file discrimination charges with the Texas Commission on Human Rights. So, you can get a charge tossed out if you can prove it was filed more than 180 days afterward. But what counts as a “discriminatory act”?…

BP settles lawsuit stemming from Texas City refinery explosion

12/01/2006

A 22-year-old woman whose parents were both killed in the 2005 Texas City refinery explosion that killed 15 people settled her civil lawsuit against BP PLC on the eve of the trial …

Election results may foreshadow change for Texas employers

12/01/2006

The new Texas House of Representatives will hold five more Democrats than it did the last session, although the Republicans remain in clear control. That means any legislation that seems anti-business—including bills affecting employers—will continue to face tough sledding in the Texas legislature …

The new pension reform law: What it means to you

12/01/2006

In August, President Bush signed the Pension Protection Act of 2006, which includes many benefits-related amendments to the Internal Revenue Code and the Employee Retirement Income Security Act (ERISA) …