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Employment Law

Austin F.D. stops hiring after EEOC claims testing bias

10/02/2013
The Austin Fire Department has stopped hiring candidates from its 2012 candidate list now that the EEOC has declared that its hiring test discriminated against black and Hispanic candidates. The EEOC pointed to disparities in pass rates between the groups.

EEOC: Employer made biased bed, may have to lie in it

10/02/2013
Mattress Firm, a Houston-based bedding retailer, faces charges it discriminated against older workers at its Las Vegas stores. The EEOC has filed suit against the company after efforts to mediate the case failed.

In Laredo, employer pays for miscarriage of justice

10/02/2013
Laredo-based Platinum PTS will pay a former employee $100,000 to settle charges it violated the Pregnancy Discrimination Act. According to her complaint, the former employee was fired after she asked for time off following a miscarriage.

Interview performance can be the hiring tiebreaker

10/02/2013
When several qualified candidates are in the running for a job, you can use interview performance as the deciding factor. Just make sure interviewers note their specific reasons why one applicant seemed better than the others.

Former employee sues? Check bankruptcy filings

10/02/2013
It’s always a good idea to check to see whether an employee who is suing you has filed for bankruptcy. If he didn’t disclose the litigation against your company, he may lose the right to sue.

Get rid of bad apples! Act fast to fire worker who won’t stop slurs despite warnings

10/02/2013
What should you do when an employee keeps spouting offensive racial slurs despite repeated warnings to stop? Fire her before she says or does something that leads to a lawsuit.

Be alert for hidden–or overt–bias when hiring manager rejects qualified candidate

10/02/2013
Do some of your supervisors gripe about having to follow anti-discrimination laws? Rein them in. Otherwise, you’ll wind up in court if a job candidate gets rejected for obviously illegal reasons.

Even if not job-related, consider granting easy disability accommodations

10/02/2013
Some accommodations requests aren’t directly related to the disabled employee’s job functions. Take, for example, simple accommodations like changing arrival and departure times so a disabled employee can take a specific bus or providing a reserved parking spot next to the entrance. Those accommodations fall within the scope of the ADA.

Don’t let EEOC complaint derail planned firing

10/02/2013
Employees sometimes believe they can stop a pending termination merely by filing an EEOC complaint. The implied threat: That they’ll sue for retaliation if they do, in fact, get fired. That won’t work if the employer can show it would have fired the employee anyway.

Is ‘doesn’t play well with others’ a disability?

10/02/2013
Some employees are completely unable to get along with others. Sometimes, psychological problems may be at the heart of the trouble and the employee may claim she has a disability that must be reasonably accommodated. Employers don’t have to create jobs as an accommodation, making the only possible option termination.