Treaty Oak Employers’ Law Blog

40226 wesite standard2e16d0bafill 1140x400 00ea2b4d
Uncategorized

Lopez vs. Kempthorne: Americans with Disabilities

The Americans with Disabilities Act is a civil rights law that protects people with disabilities from discrimination. Under the ADA, potential employees with disabilities must be allowed ample accommodations that would enable them to take part in the application process and the performing of necessary functions of the job. For

Read More »
40226 wesite standard2e16d0bafill 1140x400 00ea2b4d
Uncategorized

Hugging in The Workplace

For some, a friendly hug might be just that, a warm hug, but for people who are the recipients of unwarranted affection, a hug is much more than that; it violates personal boundaries in the workplace. Therefore, in keeping with strict anti-harassment policies, including sexual harassment, an anti-hug approach is

Read More »
40237 pexels photo 4459862e16d0bafill 1140x400 89c9d251
Uncategorized

Marital Status Discrimination

Marital status is not protected under the Civil Rights Act of 1964, but federal employees are protected from discrimination in the workplace based on marital status under revisions made in 1978. States and city laws may also protect marital status from discrimination in the workplace in many states. In some

Read More »
40239 webncoer2e16d0bafill 1140x400 16a4177c
Uncategorized

10 Ways to Prevent Harassment in The Workplace

Employers are responsible for providing employees with a safe workplace where people can focus on their job and be free of harassment. Some ways to accomplish this goal include: Identify Harassing Conduct To prevent harassment, employers must first explicitly define this type of behavior. The firm may list protected class

Read More »
40226 wesite standard2e16d0bafill 1140x400 00ea2b4d
Uncategorized

Mixed Messages on Independent Contractor and Employee Background Checks

The rise of the independent contractor model has brought to light some significant concerns about liability, negligence, and the type of control and screening companies that operate on an independent contractor must adhere to. For example, in 2017, Massachusetts set its sites on Uber and Lyft. Ride-sharing apps tout lower

Read More »
40226 wesite standard2e16d0bafill 1140x400 00ea2b4d
Uncategorized

Dealing with Employees Texting

The first text message was sent in 1992, since then, the world has changed dramatically. Online shopping changed the way retailers operated, Facebook changed the way people kept in touch with their friends and family spread across the globe, and the advent of streaming services changed the way people interacted

Read More »
40238 5621810815 185b86a50d b2e16d0bafill 1140x400 51edf9be
Uncategorized

Hidden Bias in The Hiring Process

Everyone would like to consider their organization inclusive, offering chances to qualified applicants regardless of race, ethnic background, physical appearance, or gender. That, however, is not the case. A recent study led by Harvard University found that hidden bias is far more common than we think, and it sneaks into hiring

Read More »
40075 lynch default2e16d0bafill 1140x400 d85ef682
Uncategorized

Creating a Harassment Complaint System for Texas Employers

Texas employers can be held liable for harassment that occurs in the workplace when it fails to establish a harassment complaint system or respond to reports of harassment. The employer can be held responsible for the actions of its supervisors, employees, customers, and other parties. To avoid potential liability, employers may

Read More »
40241 4327981389 5e7c9e786b b2e16d0bafill 1140x400 ce1a6d97
Uncategorized

Racial Bias Against Employees: Is the Employer Liable

Employers can be held liable for racial bias for specific actions that they take against applicants and employees. Through vicarious liability principles, they can also be held liable for the actions of their employees. Hiring Decisions Employers are prohibited from basing hiring decisions off of an applicant’s race or color.

Read More »
40226 wesite standard2e16d0bafill 1140x400 00ea2b4d
Uncategorized

Guiding Principals: Decision to Conduct an Investigation

Employers and human resources staff are often put in the difficult position of trying to determine whether or not to conduct a workplace investigation. It can be taxing to decide whether information warrants an official workplace investigation. However, by following these guiding principles, this decision can be easier.   A Report

Read More »