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Employment Law

Pregnancy Discrimination Act doesn’t require accommodation of pregnancy complications

12/02/2013
The PDA outlaws treating pregnant women worse than employees who aren’t pregnant. However, it doesn’t require affirmative steps to help them deal with complications. Employers are complying with the law if they give pregnant women the same time off or temporary light work assignments they give other temporarily impaired workers.

Avoid needless reference to culture differences

12/02/2013
There is a fine line between a rational discussion of cultural differences and stereotyping. If you are tempted to educate employees on appropriate workplace behavior, stick with a straightforward description of what behaviors you want to see, not how they differ from other cultural norms.

Document efforts to get FMLA certification

12/02/2013
There’s a right way and a wrong way to terminate an employee who isn’t returning from FMLA leave. The right way: Offer every opportunity to ask for an extension—and document that you did so. The wrong way: Just fire her when she doesn’t show up on the day she was supposed to return.

FMLA: Military Family Leave

12/01/2013

HR Law 101: The National Defense Authorization Act of 2008 granted new leave rights to family members of men and women who serve in the military. Because the NDAA amended the FMLA, the changes apply only to employers with 50 or more employees.

Is there a legal way to ask if candidates will be able to work weekends and after hours?

11/27/2013
Q. We are currently interviewing for an event coordinator position, which would require the person to frequently work well beyond the usual 9-to-5 workweek. Is there a way we can ask about personal situations and make it clear that missing these events because of family obligations would not be tolerated?

Accommodating religion in the 21st century workplace

11/27/2013
Employers are often reluctant to raise concerns over the impact of an employee’s religious practices. Those issues generally aren’t considered to be job-related, and the fear is that addressing them might cause a discrimination lawsuit.

Coatesville superintendent, AD resign over racist texts

11/27/2013
The Coatesville Area School District superintendent and athletic director have both resigned after bigoted text messages between the two came to light when a technician transferred their data to new employer-provided phones.

EEOC sues over alleged ‘mark of the beast’ monitoring

11/27/2013
The EEOC is suing Canonsburg-based CONSOL Energy on behalf of an evangelical Christian who retired from his job rather than submit to biometric scanning designed to track his work time and activities.

Isolated attack not grounds for harassment lawsuit

11/27/2013
Employers can control some hazardous work conditions, but not all of them. What a particular customer or client may do when he comes in contact with an employee likely falls into the uncontrollable category.

Employee prone to ­mistakes? That doesn’t mean she’s disabled

11/27/2013
Some employees can’t seem to get it together and do their jobs properly. While an underlying medical or psychological problem may be the cause, don’t assume that’s the case if the employee hasn’t asked for help or a reasonable accommodation.