In the summer of 2021, Texas lawmakers passed new legislation regarding sexual harassment. This law, which is currently in effect, accomplished three primary goals: 1. The law expanded the definition of sexual harassment. The current law defines it as any act that “has the purpose or effect of creating an
What do I do if somebody connects with me after completing an investigation? So sometimes, the reporting party, in particular, will reach out to me. I do counsel my clients to circle back around with the reporting party when the investigation is done. Still, they don’t always do that well
First of all, we need to check our bias. Some languages are not as straightforward as English and not as straightforward as American English. And so, particularly if we have someone where English or the US culture is not their native culture, we need to check that they are not
Expanding Protections for Pregnant and Nursing Workers On December 22, 2022, Congress passed an omnibus spending bill that included two measures to expand protections for pregnant and nursing mothers in the workplace. These measures include the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers
What do you do when someone is lying to you or you think someone is lying to you? First and foremost, you are there to be a neutral person whose primary role is to collect facts. And so I think you tell the person that you have concerns about the
What do you do if somebody wants to argue with you during your investigation? Sometimes a person being argumentative is a component of the allegation you’re there to investigate, right? Being incredibly antagonistic could be an element of a bullying allegation or, say a hostile work environment allegation. That being
What do you do if someone is quitting or already quit and you really need them to be part of your investigation? The first thing you do is find out your client’s protocol in this situation. For example, many government entities will not engage former employees in most workplace investigations.
What do I do if I have an issue around discrimination or harassment, but I’m a super small employer? In the state of Texas, in particular, you go investigate that because as of September 1st of 2021 employers with even one employee, per state law need to investigate sexual harassment
What do you do if you have a concern about scope creep? Scope creep is dangerous. It’s the concept that you started out investigating this thing, and as the investigation has gone, the scope of the investigation has crept outwards. It can be an issue for a lot of reasons
Okay. What do you do if you are interviewing somebody you genuinely dislike? That can be a natural thing. I’ve interviewed rapists, people who have said mean and nasty things about me or even to me. Those people are not the kind of people I tend to like, but at
(Formerly Lynch Law Firm)
Employment Attorneys in Texas, Wyoming, and Colorado
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