U visa forms may be discoverable: sexual harassment and immigration

Sexual harassment claims are difficult for any employer, but with the added dimension of immigration status, they can become even more complex to resolve. The Equal Employment Opportunity Commission (EEOC) recently reached a settlement in a long-running case involving allegations by the employer that the employees’ sexual harassment claims were falsely motivated by a desire…

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Don’t ask about prescription meds without reasonable belief, objective evidence

Q: Is it legal to ask employees what prescription medications they use and whether the medications may affect their behavior or cause a safety issue? A: In general, no. It could be deemed a disability-related inquiry and therefore discriminatory under the Americans with Disabilities Act Amendments Act (ADAAA). However, employers can make “disability-related inquiries” when…

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Some Texans on unpaid medical leave may qualify for jobless benefits

An individual must be deemed “unemployed,” “eligible,” and “not otherwise statutorily excepted or disqualified” to receive benefits under the Texas Unemployment Compensation Act. In light of a recent Texas Supreme Court decision, individuals on unpaid medical leave—even if they’re protected by the Family and Medical Leave Act (FMLA)—may qualify for jobless benefits, assuming they meet…

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