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Pennsylvania

Remember: Discord isn’t always retaliation

06/23/2011

You can’t retaliate against employees who complain about alleged discrimination in the workplace. But what’s retaliation? Tense working conditions don’t always fit that bill. There can be many explanations for rising tensions that have nothing to do with a discrimination complaint.

Will PHRA expand to cover sexual orientation?

06/23/2011
Harrisburg Controller Dan Miller is lobbying the Pennsylvania Legislature to expand the Pennsylvania Human Relations Act to include sexual orientation and gender identity as protected classes. For Miller, it’s personal.

Better be prepared to justify unequal treatment

06/23/2011
There are times when management feels compelled to treat some employees differently than others. That’s fine—as long as you can explain why and your explanation makes it clear that race, age, sex or some other protected characteristic wasn’t the reason.

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.

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 OK for supervisors and employees to use different methods for recording work hours?

05/27/2011
Q. Our nonsupervisory, hourly employees punch in using a time clock. Our supervisors write timecards. Is this dual method acceptable or could it lead to legal trouble?

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.