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Employment Law

Pittsburgh YMCA execs allege gender-, race-based pay bias

04/24/2012

Four female executives with the Pittsburgh-area YMCA are suing the nonprofit, claiming they are paid less than their male counterparts and in some cases, even less than their subordinates. The four all say the pay inequities are due to gender, and one contends race bias is a factor.

It’s not enough to require employees to report harassment

04/24/2012

Many employers have handbooks that tell employees they must immediately report any alleged harassment or discrimination. But reporting requirements alone isn’t enough. Employers must police workplaces for harassing or bigoted materials, and act immediately if they find anything.

Don’t ignore seemingly nonsensical complaint

04/24/2012

When an employee can’t find an attorney to take up her case, she may resort to filing a lawsuit herself. Her complaint won’t be professional and may be short on logic. That doesn’t mean you should ignore it.

When FMLA and ADA could be factors, consider both laws before denying return to work

04/24/2012
An employee who takes FMLA leave is entitled to return to his job (or an equivalent one) when his leave is up if he can perform that job without any accommodation. However, if the employee is disabled under the ADA, he may be entitled to a reasonable accommodation under that law.

Supervisor bias creates employer liability: Never ignore charges that boss used racial epithet

04/24/2012
You’re almost guaranteed a messy lawsuit if you ignore an employee’s complaint that a supervisor used a racial epithet. Courts have ruled that even a single use of the N-word can be enough to create a racially hostile work environment when the speaker is a supervisor.

Officer doggedly seeks overtime pay for K-9 care

04/24/2012
Penn Township Police Officer Ross Piraino has a bone to pick with his employer. In 2009 Piraino began caring for the police department’s German shepherd Charro at his home. Now Piraino is suing, claiming he is entitled to overtime for time spent caring for Charro at home.

Calmly accept need for intermittent FMLA leave

04/24/2012

Intermittent FMLA leave can be a pain, especially in industries where attendance is crucial. That’s particularly true in nursing and related fields. But employees who are otherwise eligible for intermittent FMLA leave can’t be denied that right merely because it’s inconvenient for employers …

Don’t push for exam if employee can do job

04/24/2012
Never automatically assume an employee who is performing well is disabled—even if you observe what you think are signs of a disability. It could mean losing big if the employee sues.

New ADEA regulations final–with little help for employers

04/19/2012
On March 29, the EEOC issued a final rule amending its regulations regarding the “reasonable factors other than age” defense under the Age Discrimination in Employ­­ment Act (ADEA). The final rule will make it more difficult for employers to defend age-bias claims brought under the ADEA.

Worker gas deaths lead to hefty fines from Cal/OSHA

04/19/2012
Cal/OSHA has cited Lamont-based Community Recycling and Resources Recovery for 16 workplace safety violations after two brothers died from hydrogen sulfide gas exposure while working in a storm drain.