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Employment Law

Document all internal bias complaints to head off possible retaliation lawsuits

05/28/2013
Employees who go to HR or the EEOC with a discrimination complaint engage in what’s called protected activity. Even if their claims don’t pan out, they can’t be punished for complaining in the first place. That’s retaliation and can form the basis of a lawsuit on its own, even if there was no underlying discrimination.

Employee won’t even try ADA accommodation? That ends your obligation

05/28/2013
Here’s a bit of good news for employers that try to accommodate disabilities but whose efforts are rejected out of hand: When you offer what looks like a reasonable accommodation and an employee refuses to even try it, you are no ­longer obligated to retain her. A worker who rejects an offered accommodation is no longer covered by the ADA if she doesn’t even try it first.

Walmart pay saga continues with appeal to Pa. Supreme Court

05/28/2013

Retail giant Walmart has appealed to the Pennsylvania Supreme Court, asking it to overturn a $187.6 million class-action verdict issued two years ago. That decision followed a 32-day trial in 2006 that sent shock waves through the Pennsylvania employer community.

OK to vary pay–as long as there’s no sex bias

05/28/2013
Employees are supposed to receive the same compensation for the same work regardless of sex. But that doesn’t mean you can’t pay some men more than some women, even if it’s crystal clear that they’re doing the exact same job. That’s because the Equal Pay Act allows for differences that can be accounted for by any factor other than sex.

Extra breaks for prayers? How to respond

05/28/2013
PROBLEM: A Muslim employee asks for quick breaks to pray several times during the workday. You decide this won’t affect the department’s productivity. But other employees complain that it’s not fair that one employee gets extra breaks. How to respond?

Feds file first lawsuit over new genetic-bias law

05/27/2013
The EEOC recently brought and settled its first lawsuit alleging employer misuse of a person’s genetic information. This was made illegal under the 2009 Genetic Information Nondiscrimination Act.

EEOC offers new guidance on ADA and common disabilities

05/24/2013
The EEOC has issued four revised guidance documents addressing how the ADA applies to applicants and employees with cancer, diabetes, epilepsy and intellectual disabilities.

First things first on FMLA: Check eligibility before approving leave

05/24/2013
Employers are seeing a surge in requests for intermittent leave in cases where employees need to take parents or children to medical appointments. Before you approve such a request for intermittent leave, make sure you are satisfied with the employee’s medical certification.

Employee acting strangely? When can you require a mental exam before she returns?

05/23/2013
Let’s face it: Some employees are a bit unusual. They may do a good job, but their personal quirks may make other employees feel uncomfortable. Before you rush to demand the employee get counseling or see a doctor, remember that the ADA prohibits such requests unless there is a clear business necessity for the exam.

NLRB may soon lack quorum as Obama’s nominees face opposition

05/22/2013
May 16 was a bad day for the NLRB. First, yet another federal circuit court ruled that two current NLRB members had been illegally appointed. Then, Republican senators fired opening salvos in a bid to dump the two current board members and slow down the confirmation of two new NLRB nominees.