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Employment Law

Can I use several criteria for whom to lay off?

09/02/2008

Q. I need to lay off some staff. I was going to select some based on the fact that they were the most recently hired. I was also going to select others who were hired earlier, retaining some who were hired in between the two groups. Is that permitted? …

What managers need to know about the ADA

09/01/2008
When you’re faced with an employee or applicant who may have a physical or mental disability, your legal antenna should go up right away. That’s because the complex Americans with Disabilities Act (ADA) gives qualified disabled people special rights in the workplace. Here’s what a manager needs to know about the ADA: Who is protected? […]

Beware referral programs that attract new hire ‘clones’

08/28/2008
Your employee referral program could backfire if it leads to too many employees who are alike in terms of sex, race, age or other protected characteristics. Follow these tips to strengthen and diversify your referral program.

Take proactive steps to ensure harassment doesn’t escalate

08/27/2008
Be sure to take it seriously when employees come forward with sexual harassment complaints. Ignoring their complaints could embolden the harassers. To prevent such an unnecessary escalation, make sure you visit the work site and talk to everyone. Check for telltale signs of harassment, such as offensive posters or jokes on bulletin boards …

Differing male and female grooming standards may signal opening for religious accommodation

08/27/2008
Some religions prohibit men from cutting their hair. That can conflict with company grooming standards that set different limits on how long male and female employees may wear their hair. Generally, courts allow such differences … Even so, a man whose religion says he cannot cut his hair may have a religious discrimination case.

Act fast to stop co-Worker harassment

08/27/2008
The key to winning co-worker harassment cases is to show that you took swift, just and effective action as soon as you learned about the harassment. The following case proves that’s a winning strategy …

Pittsburgh scientist says government axed him for speaking his mind

08/27/2008
Abdel Moniem Ali El-Ganayni, a nuclear physicist, has filed a lawsuit against the U.S. Department of Energy (DOE), claiming it revoked his security clearance and fired him because of his ethnicity, his Muslim faith and his criticism of the war in Iraq …

Prosecutor sues over lost promotion

08/27/2008
State Deputy Attorney General Thomas Kimmett has filed a whistle-blower lawsuit against Pennsylvania Attorney General Tom Corbett and other state officials, claiming he was denied a promotion because he reported what he considered an illegal practice by the AG office and the state Department of Revenue …

Managers’ e-Mails give life to pregnancy case

08/27/2008
Beverly Health and Rehabilitation Services in Richland will have to defend itself before a trial court against a pregnancy discrimination suit filed by ex-employee Barbara Stager. In court, Stager produced e-mail exchanges between company managers that referred to Stager as “high maintenance” and called her a “princess.” “Let’s see if we can nip this,” a director wrote under the subject line “FMLA.” …

Cell phones, laptops and BlackBerrys: Understand the liability risks

08/27/2008

Before you hand out cell phones, laptops and BlackBerrys to everyone on your staff, understand that such tech tools may expose your organization to legal liability. Two legal minefields are particularly worrisome …