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Discrimination / Harassment

Understanding religious accommodations in Pennsylvania workplaces

09/01/2006

Pennsylvania mirrors America’s growing diversity in many ways. Today, mosques occupy old churches; co-workers wear burqas and yarmulkes; and some employees request "prayer breaks." Religious diversity is a reason for celebration in a pluralistic society, but it also presents challenges in the workplace …

Don’t fear shifting to ‘Get-Tough’ reviews, but be consistent

09/01/2006

When new management or HR leaders arrive at a company, they may realize that the old guard failed to hold employees to high productivity goals. As a result, they may shift gears and set tougher standards. Employees accustomed to the status quo and the good evaluations may be taken by surprise and suspect discrimination …

Résumé-Screening software: legal risks and precautions

09/01/2006

The federal job anti-discrimination law (Title VII of the Civil Rights Act) prohibits two types of discrimination: disparate treatment and disparate impact. Because automated tests, such as résumé-screening programs, are blind to applicants’ race, religion, gender and national origin, they likely can’t create a disparate-treatment case. However, such programs can still have a disparate impact on minorities …

When punishing employees’ use of slurs, equality counts

08/01/2006

The mantra in real estate is "location, location, location." But the mantra in employee discipline must always be "consistency, consistency, consistency" …

A ‘Perfect storm’ for organized labor is forming over Texas

08/01/2006

For Texas employers, the long-range forecast shows an unstable union atmosphere over the next several years, with pressure building from health care costs, outsourcing and immigration reform. As the united front of the AFL-CIO and the new Change to Win union blow through the state, damage may be significant …

OK’ing medical leave won’t equal acceptance of disability

08/01/2006

If you’ve ever wondered whether allowing an employee to take medical leave will tie your hands if it comes time to challenge that employee’s disability claim, take heart. Just because you didn’t ask for medical proof of disability once, that doesn’t mean you can’t later …

Subjective fear of discipline no reason to quit

08/01/2006

To make a "constructive discharge" claim, employees must show that their working conditions were so intolerable that they had no choice but to quit and that those conditions amounted to discrimination based on age, race, sex or some other protected characteristic. But, as a new ruling shows, an employee’s subjective "fear of future discipline" isn’t grounds for a lawsuit under this constructive-discharge theory …

Making Transfers: Prepare to Prove New Job Isn’t a Dead-End

08/01/2006

When it’s time to restructure your workplace, beware the potential legal dangers of transferring employees to jobs that have no growth potential. That could be viewed as an adverse action that triggers a discrimination lawsuit …

South Philly cheesesteak icon hit with discrimination charge

08/01/2006

Geno’s, one of the two self-proclaimed creators of the Philly Cheesesteak, has been charged with discrimination by the Philadelphia Commission on Human Rights. The charge stems from a sign in the restaurant stating "This is America … When Ordering Speak English" …

3rd Circuit Vacates Ruling on ‘Ministerial Exception’

08/01/2006

The 3rd Circuit has vacated its decision on the so-called "ministerial exception" and referred the case for rehearing …