• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

Transfer worker who needs a fresh start; it’s not retaliation if pay, benefits are equal

07/30/2010

Sometimes, an employee simply isn’t a good fit for a particular job assignment. But if you transfer such employees with a genuine intent to give the person a fresh start—and not a hidden motive of discrimination—you’ll likely survive a legal challenge. Just make sure the new job has similar responsibilities, pay, benefits and working conditions.

Before you decide to fire, make sure past evaluations support your rationale

07/28/2010

Nothing raises suspicions among employees (and juries) than effusive praise followed by a pink slip. So here’s a tip that will make courts more likely to uphold your termination decisions: Make sure whatever reason you use to justify a firing also shows up in past performance evaluations.

Between honesty and discretion, what’s the best approach to reference requests?

07/27/2010
Q. I have a question about providing honest feedback during reference requests. Is it better to defend the fact that I provided a truthful (negative) assessment, rather than trying to explain why I can’t give any reference at all? Aren’t we protected by negligent-referral and reference-immunity laws?

Wellness programs: Clash between health care reform and GINA

07/27/2010
Approximately 70% of employers sponsor wellness programs designed to drive down health care costs, reduce absenteeism and promote better employee health. Wellness programs that offer premium discounts have long been required to comply with HIPAA. More recently, two other laws muddied the wellness waters: the new health care reform law and the Genetic Information Nondiscrimination Act.

Philly firefighters settle suit over racist web posting

07/27/2010
A group of black Philadelphia firefighters known as Club Valients and the NAACP have settled their lawsuit against the city of Philadelphia concerning racist comments that appeared on the web site of International Association of Fire Fighters Local 22.

Reading couple sues city for age bias, harassment, retaliation

07/27/2010
Two former Reading Police Department employees who are married to each other have sued the city and several supervisors, claiming age discrimination and harassment and retaliation for complaining about municipal government labor practices.

Unsure about your accommodations obligations? Find out fast–or risk personal liability

07/27/2010
The Pennsylvania Human Rights Act is the commonwealth’s companion to federal employment laws such as the ADA and Title VII. The PHRA goes beyond most federal laws because it authorizes personal liability for those who “aid and abet” an act of discrimination. And as one recent case shows, aiding and abetting can include making a serious mistake about a reasonable accommodation request.

Denville P.D. headed to court–to defend against bias lawsuit

07/27/2010

Victoria Benson has filed suit against the city of Denville, where she once served, claiming she was harassed, discriminated against and even assaulted while working as the city’s only female police officer. Benson began working for the Denville Police Department in 2000. Her lawsuit claims fellow officers constantly berated her because of her weight, clothing and sexuality.

Newark car-prep giant faces discrimination, ADA charges

07/27/2010
The EEOC has sued Newark- and Port Elizabeth-based automotive processor FAPS Inc., for race and disability discrimination. The suit charges the company with engaging in a “pattern and practice” that discriminates against black applicants and asking job-application questions that violate the ADA.

Could you use a little change? Courts seem more willing to make employees pay legal fees

07/27/2010

When employees win at least some part of their lawsuits, employers have gotten used to being stuck with paying employees’ attorneys’ fees. But until recently, courts haven’t seen fit to make employees pay the other side’s legal fees if the verdict goes the employer’s way. That may be changing, if a recent 3rd Circuit Court of Appeals case is any indication.