Employment Conditions

To protect employees in the workplace, numerous state and federal laws prohibit discrimination and regulate employment conditions for both contract and at-will employees. Employees with concerns about their working conditions are entitled to present grievances. The following resources relate to employee grievances, freedom from harassment and discrimination, assignments and schedules, and employee rights and welfare.

Grievances
Freedom from Harassment and Discrimination
Assignments and Schedules
Employee Rights and Welfare
Employee Immunity

 

Grievances   

Related Policies

Your local school board policy manual contains TASB's (LEGAL) reference policies and board-adopted (LOCAL) policies.  Your district may also have relevant administrative regulations. For more information on grievances, see district policy and regulations at the following codes:

 

DGB Personnel-Management Relations
DGBA Employee Complaints/Grievances
FNG Student and Parent Complaints/Grievances
GF Public Complaints

 

TASB Resources

  • TASB Legal Services' article Resolving Grievances gives an overview of the grievance process.
  • TASB Legal Services' School Official's Quick Guide to Grievances, available for sale in the TASB Store, is a convenient flip chart that covers what constitutes a grievance, what policies apply, how to handle late filings, how to involve an attorney, how to prepare for a hearing, and how to conduct a hearing.
  • TASB Legal Services' Grievances, available for sale in the TASB Store, is a full-length legal outline that charts a course through the school district grievance process, including personnel grievances.
  • TASB Legal Services' Hearing Guide for Grievances, available for sale in the TASB Store, is a sample script that serves as the starting point in planning and holding a grievance hearing and creating an adequate local record in the event of appeal to the commissioner.
  • TASB Legal Services' Resolving Grievances in the Public Schools, available for sale in the TASB Store, is a training DVD that directs board members and administrators step-by-step through the grievance process, from the time a complaint is filed to when it is appealed to the board and beyond.
  • TASB HR Services produces a Model Employee Handbook, available behind myTASB for members of HR Services, with information and procedures employees need to know, including information about employees complaints. 
  • The TASB HR Library, available behind myTASB for members of HR Services, collects information and resources on grievances under the heading Employee Relations, including sample complaint forms, responses, and notices of appeal. 

Other Resources

  • The Texas Education Agency (TEA) Office of Legal Services Hearings and Appeals Web Site provides links to rules about appeals of grievances, including which grievances may be appealed and appeal deadlines.
  • The State Board for Educator Certification (SBEC) Educators' Code of Ethics sets out standards for educator conduct.  

Freedom from Harassment and Discrimination   

Related Policies

For more information on harassment and discrimination, see district policy and regulations at the following codes:

 

DAA   Equal Employment Opportunity
DIA Freedom from Discrimination, Harassment, and Retaliation

 

TASB Resources

  • TASB Legal Services' Publication of Equal Employment Opportunity Statements answers frequently asked questions about the publication of EEO statements.
  • TASB Legal Services Bullying in Schools, available for sale in the TASB Store, is a training video package that addresses the legal requirements and procedures for districts to consider when identifying and responding to bullying in public schools.
  • TASB Legal Services' Employee Religious Expression is a full-length legal outline that includes a discussion of the balance between an employee's rights to exercise his or her religious beliefs with the constitutional limitations imposed on governmental employers.
  • More resources from TASB Legal Services and other sources are available free online in Religion Resources.
  • The TASB HR Library, available behind myTASB for members of HR Services, collects information and resources on harassment and discrimination under the heading Employee Relations. In addition, information about avoiding discrimination in hiring is found under the heading Recruiting and Hiring, and information about American with Disabilities Act (ADA) compliance is found under the heading Employment.

Other Resources

  • The U.S. Equal Employment Opportunity Commission (EEOC) provides information about federal laws prohibiting discrimination based on sex, national origin, race, color, religion, age, disability, and genetic information in employment.
  • The Texas Workforce Commission (TWC) Employee Rights and Laws Web Site provides information about state and federal laws prohibiting discrimination based on sex, national origin, race, color, religion, age, and disability in employment; complaint procedures; and related reports and publications.
  • The TWC Especially for Texas Employers Web Site provides general information for employers in Texas about harassment and other employment issues.
  • The U.S. Department of Labor Disability Resources Web Site provides information related to employment accommodations for individuals with disabilities.
  • The U.S. Department of Education (DOE) Office for Civil Rights Web Site provides information about disability discrimination in violation of Section 504 of the federal Rehabilitation Act and Title II of the ADA as well as Title IX retaliation claims.
  • The U.S. DOE Disability Employment 101 guide is a comprehensive resource for hiring employees with disabilities.
  • The U.S. EEOC Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers describes federal requirements related to the employment of veterans with disabilities.

 

Assignments and Schedules   

Related Policies

For more information on assignments and schedules, see district policy and regulations at the following codes:

 

DK     Assignment and Schedules
DL Work Load
DLA Staff Meetings
DLB Required Plans and Reports
DP Principal Duties

 

TASB Resources

  • The TASB HR Library, available behind myTASB for members of HR Services, includes information and resources on employee assignments and reassignments under the heading Contracts and Assignments.  In addition, under the heading Employee Relations, the HR Library includes information on Employee Communications, and under the heading HR Department, the HR Library includes information on required reports. 
  • TASB Legal Services' Managing Employees Who Smoke During the School Day is an article that answers questions about issues related to employees who smoke.

Other Resources

  • The Texas Education Agency (TEA) Office of Legal Services Teacher FAQs document answers questions about educator work schedules, duty free lunches, and planning time.
  • The TEA NCLB Paraprofessional Information and Highly Qualified Teachers Web Sites details paraprofessional work requirements under the No Child Left Behind Act (NCLB).
  • The U.S. Department of Labor (DOL) Work Hours Web Site provides information on breaks and scheduling.
  • The U.S. DOL Fair Labor Standards Act (FLSA) Web Site provides information about youth work hours and assignments.
  • The Texas Workforce Commission Especially for Texas Employers Web Site provides general information for employers in Texas about work breaks and other employment issues.

 

Employee Rights and Welfare   

Related Policies

For more information on employee rights and welfare, see district policy and regulations at the following codes:

 

DBB   Medical Examinations and Communicable Diseases
DG Employee Rights and Privileges
DGA Freedom of Association
DHE Searches and Alcohol/Drug Testing
DI Employee Welfare

 

TASB Resources

 

  • TASB Legal Services' article Guns on School Property—Employees answers numerous questions about legal restrictions and written authorization for carrying firearms on school property.
  • TASB Legal Services' article School District Signage describes the signage districts are required or recommended to post on campus, including required workplace posters.
  • TASB HR Services produces a Model Employee Handbook, available behind myTASB for members of HR Services, with information and procedures employees need to know, including information about employees' rights and welfare.
  • The TASB HR Library, also available behind myTASB for members of HR Services, offers information on required workplace postings under the heading HR Department.
  • Copies of TASB HR Services' workplace posters are available for sale in the TASB Store.
  • TASB Policy Service provides timely Policy Alerts online behind myTASB for Policy Service contacts.  A Policy Alert called Employee Notification: 2013-2014 School Year lists the school district policies that need to be distributed annually to school employees. 
  • For more information regarding employee rights with respect to legislative advocacy, see eSource at Governance – Elections – Campaigning and Political Advocacy.

Other Resources

  • The U.S. Department of Labor (DOL) Web Site includes several resources related to employment, such as information on workplace safety.
  • The U.S. DOL eLaws Web Site provides interactive online tools on employment issues.
  • The Texas Workforce Commission (TWC) Especially for Texas Employers Web Site provides general information for employers in Texas about employment issues.
  • The Texas Department of State Health Services (DSHS) Building Healthy Texans Web Site provides employers wellness guidance, activities, planning models, and other resources to address employee wellness. These programs are mandatory for state agencies and optional for school districts.
  • The DSHS Community Mental Health Web Site provides resources to the public on mental health issues, substance abuse, and community services.
  • The U.S. Department of Health And Human Services Substance Abuse and Mental Health Services Administration Web Site provides information about substance abuse prevention and treatment.
  • The U.S. Department of Transportation Office of Drug & Alcohol Policy & Compliance Web Site provides information for employers about required drug and alcohol testing and related resources.
  • The TWC Drug Testing in the Workplace Web Site provides information about employee drug testing for employers.
  • The DSHS Drugs and Medical Devices Group Controlled Substance Scheduling for 2013 details the types of drugs that may be considered controlled substances for purposes of determining applicable criminal penalties and appropriate employee discipline.

Employee Immunity   

Related Policies

 

DGC Immunity                                                                       

 

TASB Resources

  • TASB Legal Services' School District Liability, for sale in the TASB Store, is a full-length legal outline on various school district liability and immunity issues.