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Employment Law

Texas Supreme Court clarifies: It’s not age bias if new worker is older than the original

07/31/2012
The Texas Supreme Court has just made it much easier for employers to avoid age discrimination claims. In what the court calls a “true replacement case” under the Texas Commission on Human Rights Act, an older worker must show that she was replaced by a younger worker.

How not to treat a learning-disabled employee

07/31/2012
Here’s a cautionary tale for super­­visors who have a learning-disabled subordinate. Do all you can to accommodate the employee and don’t let co-workers—or anyone in the workplace—make fun of disability traits.

Aftermath of an affair: Beware harassment

07/31/2012
You can’t stop all romantic entanglements at work, but you can and should make sure the post-affair fallout doesn’t disrupt the workplace.

Manager mistakes: 3 key lessons from the courtroom

07/30/2012
It’s always smarter—and less expensive—to learn about employment law from others’ mistakes, rather than your own. Here are three new court decisions that serve up great lessons for any manager:

Lessons from the SHRM 2012 conference

07/27/2012
Here are some nuggets of employment law advice from the speakers at this summer’s Society for Human Resource Management annual conference in Atlanta.

When woman returns from maternity leave, must she return to her exact former job?

07/27/2012
Q. When an employee returns from maternity leave, do we have to give her the very same job she had or can she be put to work in a different type of position?

The ‘perceived as’ theory of discrimination in Pennsylvania

07/27/2012
An intriguing discrimination case in New Jersey raises complicated issues that Pennsylvania courts may one day have to address: discrimination claims based on perceived membership in a protected class.

School drops teacher’s contract after son comes out

07/27/2012
Sharon Wright, a former teacher at Covenant Christian Academy in Harrisburg is suing the private school, claiming officials there made her life intolerable after her son revealed he is gay on a social media website.

EEOC won’t pay legal costs until case runs its course

07/27/2012
There’s no collecting attorneys’ fees from the EEOC in mid-litigation. A court said that it must wait until a case ends.

Track your fair and equitable discipline to prove you don’t discriminate

07/27/2012
Even an employee who was terminated for good reasons can win a discrimination lawsuit if she can show that someone outside her protected class wasn’t fired for the same transgression. That’s why you must track all discipline.