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Employment Law

Prevent retaliation claims by maintaining confidentiality of bias, harassment complaints

05/27/2011
It’s tough to pin retaliation on a supervisor who never knew about an employee’s original complaint. That’s why it makes sense to limit access to information about employee complaints. For example, there’s no need to share an employee’s discrimination complaint with her supervisor if it doesn’t involve that supervisor or department.

Remind managers: They may be personally liable for discrimination under obscure law

05/27/2011
Under the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964, super­visors can’t be held individually liable for discrimination. However, the little-noticed Section 1981 of the Civil Rights Act of 1866 does allow individual liability for discrimination claims.

Despite EPA’s gender-equity requirements, you do have discretion to set wide salary

05/27/2011

The Equal Pay Act requires employers to pay women and men equally for substantially equal work. Gender can’t be a salary factor. That doesn’t mean employers don’t have considerable flexibility when setting salaries. The fact is that dozens of reasons that have nothing to do with the applicant’s sex may jus­tify different pay scales.

Don’t interfere with overseas FMLA leave

05/27/2011

You may have an employee or two with relatives living in foreign lands. While it may not be an issue that comes up often, you should be prepared to handle requests for time off to care for sick relatives overseas. Don’t try to put unreasonable obstacles in the way.

OK to consider stable work history when hiring

05/27/2011
A lot of factors go into hiring the best possible candidate for a job, including experience, education and employment stability. Those are all legitimate reasons to prefer one candidate over another.

Is it time for telework? 6 unexpected issues you should consider

05/27/2011
Telework is taking off. Although the idea of allowing employees to work from home, at clients’ sites or at remote locations isn’t new, it is gaining popularity as gas prices remain high and commuting times to the office increase. But beyond choosing the right posi­tions for telework, employers must address important legal issues before adopting a telecommuting policy.

Lawyer drops bias suit; no dirt will be dished

05/27/2011
JoEllen Lyons Dillon has dropped a sex discrimination lawsuit against the Reed Smith law firm in Pittsburgh, a sudden reversal that suggests the parties may have reached a settlement.

Philly councilman wants restaurants to remit full tips

05/27/2011
Philadelphia Councilman Jim Kenney has a bone to pick with some city restaurants. When customers charge their meals, he claims the restaurants deduct from waiters’ tips the credit-card processing fees businesses must pay. Kenney has introduced a bill in the City Council to bar the practice.

Allegheny Port Authority says race charges were trumped up

05/27/2011
The latest chapter in an ongoing legal battle opened recently when the Alle­gheny Port Authority responded to charges leveled by Deborah Blocker, a black employee who has alleged racial harassment.

Age bias requires showing substantial age difference

05/27/2011
The ADEA protects workers age 40 or older from discrimination based on their age. But winning an ADEA case doesn’t require an employee to prove that the employer gave preferential treatment to someone younger than 40. She just has to show that the favored employee was “substantially” younger than the older employee.