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Anti-Discrimination and Harassment Prevention Training

Harassment prevention training is a critically important component of an organization’s plan to prevent discrimination and harassment in the workplace. Workplace discrimination and harassment can lead to lawsuits that can do serious damage to a company’s finances and reputation. Importance of Anti-Discrimination Training Anti-discrimination training protects your business from disputes involving harassment, discrimination, and violation of federal and state laws governing the treatment of employees and coworkers in the workplace. It does this by Educating employees and managers on proper workplace conduct, Preventing discrimination and harassment, and Reducing the likelihood and/or success of harassment and/or discrimination claims and lawsuits. Training should Read more
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The ADA and Mental Disabilities

We are in the process of preparing our “Sensitive Employee Relations” presentation for the upcoming Frisco HR Summit at the end of March, so we thought we would provide you a preview of that speech while also providing some valuable information regarding mental disabilities and mental health and their relation to the Americans with Disabilities Act.  Not only is mental health a very sensitive issue in the workplace but it can often be difficult to handle from a Human Resources perspective. Just as with other disabilities under the ADA, a mental disability is (a) any impairment that substantially limits one Read more
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President Trump Appoints Acting EEOC and NLRB Chairs

Last week, President Trump appointed EEOC Commissioner Victoria Lipnic as Acting Chair of the EEOC and appointed NLRB Board Member Philip Miscimarra as Acting Chair of the NLRB. As an EEOC Commissioner, Lipnic served as a member of the EEOC’s Select Task Force on the Study of Harassment in the workplace.  Prior to her time with the EEOC, Lipnic served as Assistant Secretary of Labor for Employment Standards under President George W. Bush from 2002 through 2009.  In that role, she oversaw the Wage and Hour Division of the Department of Labor, the Office of Federal Contract Compliance Programs, the Read more
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Discrimination Changes on the Horizon?

At the time of the June 30, 2014 Burwell v. Hobby Lobby, Inc. decision from the United States Supreme Court, many employment law experts and practitioners recognized that the Court’s decision to let Hobby Lobby opt out of portions of the Affordable Care Act (aka Obamacare) on religious grounds could lead to a litany of lower court decisions addressing employers’ desires to opt out of other employment laws on religious grounds.  We now have such a case.  Yesterday, August 18, 2016, in a decision out of the U.S. District Court for the Eastern District of Michigan, a judge held that the Read more
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HR Lawyer Dallas

Sexual Harassment In your Company and How an HR Lawyer Can Help

Managing a business can be difficult, but hiring an HR lawyer to ensure your employees are working in a safe and successful environment can decrease your stress. Sexual harassment is a serious problem that can affect your business’ productivity, success, and the overall emotional health of your workplace. So, you and your employees need a comprehensive understanding of this common problem. Here are a few signs that sexual harassment is a problem in your workplace. Sexist Comments and Behavior Targeted To One Person If you hear an employee making lewd comments to another employee, that is a common sign of Read more
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DOL Audit Dallas TX

4 Ways You Can Prepare Your Company for a DOL Audit

Employers should always keep in mind that the Department of Labor (DOL) can conduct a DOL audit in Dallas, TX at any time and for any reason. Typically, an audit is triggered by a complaint by an employee. By understanding the audit process, you can make the necessary preparations to make everything run as smooth as possible. Here are 4 ways you can prepare: Review job descriptions Make sure FLSA classifications are accurate Keep accurate payroll records Apply policies consistently The legal team at Simon | Paschal is here to create a partnership with your organization to help you be Read more
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New EEOC Guidance on Retaliation

We posted a few days ago about the EEOC’s new guidance on Position Statements.  Well, the EEOC has been busy because they also have proposed new enforcement guidance regarding retaliation claims and charges.  From January 21, 2016 through February 24, 2016, the EEOC accepted input regarding its draft proposed enforcement guidance on retaliation claims.  The EEOC believes the updated enforcement guidance is necessary since nearly 43% of all private sector charges filed in 2014 included retaliation claims.  While the enforcement guidance is not binding law, employers should be aware of it since it is used by the agency in investigations Read more
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EEOC Position Statements

In order to assist employers in drafting EEOC position statements, we recently released a video on our YouTube page outlining tips for crafting EEOC position statements.  As a follow up to that video, we want to highlight the EEOC’s recent updated information and guidance regarding employer position statements.  A position statement is the employer’s response to an employee’s or ex-employee’s Charge of Discrimination.  In most instances, after an employee or ex-employee files a Charge of Discrimination with the EEOC, the EEOC contacts the employer to request a position statement.  While many employers will utilize the services of a lawyer to draft the Read more
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Discrimination In The Workplace Dallas TX

Discrimination in the Workplace in Dallas, TX Can Harm Your Business

Unfortunately, many businesses are forced to deal with discrimination in the workplace in Dallas, TX. However, with help from experienced experts, some cases may never make it to court–and those that do can be dealt with in a swift and professional manner. So, whether you are a new business looking to protect yourself from possible future litigation, or if you have an employee who has brought an instance of discrimination to your attention, call Simon | Paschal today at (972) 893-9340 or find us on the web at simonpaschal.com. We can help protect your company and to keep your team happy Read more
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What Justice Scalia’s Death Means for Employers

You likely have seen or read numerous stories and reports about the death of United States Supreme Court Justice Antonin Scalia and what it means for U.S. politics and the upcoming presidential election.  We will leave that discussion to the experts.  If a replacement is not appointed and approved, though, the Supreme Court will be left with only 8 members that are ideologically split on 4-4 lines.  While there is no guarantee that this will be a problem, there is potential that some cases could be decided on a 4-4 basis.  If that happens, the lower court decision stands but Read more