Is Depression Covered Under the ADA (Americans With Disabilities Act)?
According to the Americans with Disabilities Act (ADA), a disability is described as any physical or mental impairment that substantially limits a major life activity. Clinical depression is considered a disability under the ADA, yet not everyone who experiences depression is protected. Business owners should remember that just as no two people are the same, […]
Back to the Basics: What is National Origin Discrimination?
Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate, among other protected categories, based on national origin. National origin discrimination means treating people, namely job applicants or employees, adversely because of their country of origin, because of ethnicity or accent, or because they appear to be part of a certain […]
More Females in the C-Suite, but Still No Gender Parity
Gender diversity has been at the forefront of the workplace equality conversation for a number of years. Recently, McKinsey & Company released its detailed 2019 Women in the Workplace Report. The Women in the Workplace Report found that while the percentage of women in senior leadership roles has grown over the last five years, there […]
Are Employment Handbooks Legally Binding?
Does your employment handbook contain specific language indicating that it should not be considered a contract? If it does not, then your company handbook potentially could be considered a legally binding document between employer and employee. While rare, an employee handbook can inadvertently create a contract in certain instances. Legally, the key factor in determining […]
Understanding “Notice and Cure” Provisions in Employment Contracts
Although Texas is an “employment at-will” state, some companies utilize employment contracts with increasing frequency. Many of those employers include a “notice and cure” provision in their employment contracts. When a “notice and cure” term is included in an employment contract, the agreement includes a length of time during which a problem, or potential terminable […]
What is Associational Discrimination in Texas?
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the bases of race, color, national origin, sex, and religion. The act prohibits discrimination with respect to a number of actions such as hiring, firing, failing to promote, transferring, or declining to hire a prospective employee. Courts have universally held that […]
Can Employers Dictate Employee Physical Appearance on the Clock?
An employee’s physical appearance in the workplace can be important to an employer’s brand. However placing unyielding requirements on employees’ physical appearance at work could potentially violate federal discrimination laws. Can Employers Impose a Dress Code? Generally speaking, employers have the legal right to establish dress and grooming codes for employees. Some companies require formal […]
Can Telecommuters Receive Workers’ Compensation Benefits?
Generally, yes, a person who is working from home can receive worker’s compensation benefits so long as he or she sustained an injury during the course of employment. The employee would bear the burden of proving that the injury did indeed stem from a work-related activity. Some common terms used when discussing a worker’s […]
What Accommodations Does the ADA Require for Animals in the Workplace?
Service animals can help people who have disabilities carry out their daily activities. Specifically, dogs can be trained to perform many tasks to support people such as providing balance for a person who has difficulty walking, picking up items for a person who is unable to do so, or preventing someone with a mental impairment […]
Can Employers Restrict Employees Online Work-Related Speech?
Many people mistakenly believe that the First Amendment to the United States Constitution guarantees their right to free speech under any and all circumstances. The First Amendment actually states: “Congress shall make no law . . . abridging the freedom of speech . . .” Originally, this law was created to allow for political discourse […]
