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Employment Law

Fifth EEOC complaint filed against Bryn Mawr Trust

11/06/2018
A woman who worked at Bryn Mawr Trust in Pennsylvania was fired shortly after corroborating a co-worker’s account during an investigation into race and sex discrimination charges at the bank, according to a complaint filed with the EEOC.

Punishment for ending affair creates liability

11/06/2018
A consensual sexual affair may not mean automatic liability for sexual harassment or sex discrimination, but punishing an employee for ending an affair does.

Merely offering severance package doesn’t constitute admission of employer wrongdoing

11/06/2018
It’s often tempting to offer a severance package in exchange for the promise not to sue over alleged discrimination. But some workers may see that offer as an admission of sorts that the employer believes it needs to pre-emptively cut liability.

Document time of performance problems in case employee registers bogus complaints

11/06/2018
Employees who face discipline sometimes fight back with their own discrimination complaints. Terminating such an employee shortly afterward can look suspiciously like the complaint precipitated the discipline. The best way to prevent that impression is to carefully document the reasons for the disciplinary meeting in the first place.

Minor workplace changes aren’t enough to justify lawsuit alleging bias or retaliation

11/06/2018
Courts don’t want to micromanage your business. Make sure you can explain workplace changes in the context of legitimate business needs.

Bottom-up hiring could perpetuate pay bias

11/06/2018
There’s a danger that wages may appear to be discriminatory if the hiring process is centralized, but decisions about starting pay are made locally, without regard to broader corporate compensation scales. The risk: Class-action lawsuits.

Bill to limit noncompetes considered in Harrisburg

11/06/2018
A bill before the Pennsylvania General Assembly would outlaw most noncompete agreements and give employees a private cause of action against employers should the employer attempt to enforce a noncompete agreement.

Snapshot: Is it sometimes hard to tell what is sexual harassment?

11/06/2018
A year after #MeToo took off, gender and political leanings affect definitions of harassment.

EEOC backs bystander harassment reporting

11/01/2018
The EEOC’s Select Task Force on the Study of Harassment in the Workplace issued a landmark report outlining best practices for employers to follow. Among the most important: Encouraging bystanders to report sexual harassment they witness and rewarding them for doing so.

USERRA requires reinstatement, with benefits

11/01/2018
A long-running case shows the legal trouble that can ensue when an employee alleges USERRA violations.