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Employment Law

‘Blind’ applications help defend against frivolous lawsuits

09/01/2007

If the people reviewing employment applications don’t know the race of the candidates, they can’t discriminate for or against any particular applicant. That’s why you should consider using a “blind” application process …

You can discuss absenteeism without violating disability law

09/01/2007

Employees with disabilities may be absent more than other employees. That doesn’t mean you can’t reasonably ask about those absences. In fact, courts have ruled that it’s not necessarily harassment even when supervisors land hard on disabled employees who are frequently no-shows …

Do you know whom you’re disciplining?

09/01/2007

When it comes to discrimination, your best defense is treating everyone absolutely equally. That’s tough to do without a central HR tracking system. It doesn’t have to be complicated. Make sure you note any problems (and praise) in each employee’s official file. Then, do regular audits—pulling out data on age, sex, national origin and race—to tabulate types of problems and any discipline levied …

E-mail is forever—So be careful what you say

09/01/2007

An ill-worded e-mail, unlike a phone conversation, can come back to haunt you. Deleting e-mail doesn’t mean it’s gone forever, or that a recipient hasn’t saved, printed or forwarded it. Plus, there are plenty of computer experts out there who can recreate or retrieve deleted e-mail messages. The best policy is to assume that whatever is in an e-mail can be used against you in a court of law …

Mercer County caseworker loses discrimination suit

09/01/2007

Jeffrey Hawthorne, a Mercer County Children and Youth Services (CYS) caseworker, sued the agency for gender discrimination, alleging his supervisors wanted to create an “all-female work force,” and “treated men differently from women” …

The hitchhiker’s guide to hiring, harassment and firing

09/01/2007

Tameisha Wilson, of Penn Hills, has filed an EEOC lawsuit against Grand Rapids, MI-based Gainey Transportation, claiming she was subjected to sexual comments, threatening language and unwanted touching after she joined the company as a trainee in October 2006 …

Court finds Del Monte didn’t cook promotion decisions

09/01/2007

A Pittsburgh system/supply analyst sued Del Monte Foods for race and age discrimination after being passed over for several promotions despite excellent reviews …

State looking to end-Run ERISA on health care

09/01/2007

The state of Pennsylvania is looking for a way to force employers to pay their share of health care costs without running afoul of the Employee Retirement Income Security Act (ERISA) …

Woodmen Life settles harassment suit for $285,000

09/01/2007

Lincoln, NE-based Woodmen of the World Life Insurance Society will pay $285,000 plus a $50,000 annuity to Louella Rollins, a Pittsburgh-area woman who served as state manager for Woodmen in Pennsylvania. Rollins claimed that a man she supervised complained openly about having to work for a woman. She said the employee also grabbed and touched her …

Drug testing: Minimize lawsuit risk with smart policy

09/01/2007

You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That’s why drug testing and substance-abuse prevention programs carry big-time legal risks if they’re not managed properly. Employers can safely administer drug testing before hiring someone, during a fitness-for-duty test and after a preventable accident …