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“ Managing Employees” Texas Fire Chiefs Academy Austin Texas June 1, 2012

“ Managing Employees” Texas Fire Chiefs Academy Austin Texas June 1, 2012. Presented by: Alan Bojorquez, Attorney. Texas – Employment at Will. Exceptions Contract Collective Bargaining, Meet & Confer, Civil Service State Law Federal Law. State Laws. Texas Whistleblowers Act

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“ Managing Employees” Texas Fire Chiefs Academy Austin Texas June 1, 2012

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  1. “Managing Employees”Texas Fire Chiefs AcademyAustin TexasJune 1, 2012 • Presented by: • Alan Bojorquez, Attorney

  2. Texas – Employment at Will • Exceptions • Contract • Collective Bargaining, Meet & Confer, Civil Service • State Law • Federal Law

  3. State Laws • Texas Whistleblowers Act • - Good Faith Report of • - Violation of Law • - Appropriate Law Enforcement- Authority • TCHRA-Similar to Federal Law 3

  4. Federal Laws • Title VII of Civil Rights Act of 1964 • ADEA • ADA • Equal Pay ACT • Section 1981 of Civil Rights Act of 1986 • IRCA • FMLA, USERRA, FSLA 4

  5. Title VII – Protected Classes • Race • National Origin • Sex • Religion 5

  6. ADEA • 20 or more employees • 40 plus • Exceptions • Firefighters • Executive or High Policy Maker over 65 • Defenses • BFOQ • Reasons other than Age 6

  7. Americans with Disabilities Act • 15 or more employees • Disability Discrimination • Pre-employment Injuries • Qualified Individual • Amendments 2008 7

  8. Family Medical Leave Act • 12 weeks of leave for eligible employees with qualifying medical and family reasons • Restoration to same or equivalent position that employee held before taking leave • Prohibits retaliation • 2008 National Defense Authorization Act 8

  9. Gender Discrimination • Sexual Stereotypes • Pregnancy Discrimination • Sexual Harassment

  10. EEOC • Procedural Requirements • Employee files charge with EEOC within 300 days • Employer responds to the EEOC • EEOC may conduct investigation • EEOC issues a notice of right to sue • Employee has 90 days to file a lawsuit 10

  11. Drug Testing • Reasonable Suspicion • Random Testing • CDL • Safety Sensitive 11

  12. Texas Worker Compensation Act • Prohibits discrimination/retaliation • Claim in good faith, hires a lawyer to represent the employee in a claim • Institutes a workers’ comp proceeding, or testifies in such proceeding • May involve ADA and FMLA issues 12

  13. Retaliation • State and federal discrimination laws • Adverse employment actions 13

  14. Management Actions & Decisions • Hiring & Firing • Promotion & Demotion • Change in Duties • Evaluations • Adverse Actions 14

  15. Resources Alan Bojorquez, Attorney TexasMunicipalLawyers.com Alan@TexasMunicipalLawyers.com

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