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Pennsylvania

When discipline differs, be ready to explain why

01/08/2010

Employees often sue for discrimination when they suffer harsher discipline than co-workers did. You can counter those bias claims by having clear records that show how you decided on the specific discipline each employee received. Explain why the punishments were different.

Legal compliance starts at the very beginning—with hiring

01/05/2010

Protecting yourself and your organization from lawsuits starts the minute you decide to hire someone. Potential lawsuit land mines line your path. To stay out of court, build your hiring process around these principles:

Go ahead and grant ‘disability leave’— but don’t assume employee is disabled

12/23/2009

Employees sometimes assume that if their employer approves a request for disability leave, they must be disabled and are therefore entitled to reasonable accommodations when they return to work. That’s simply not the case. Many times, what’s called “disability leave” is really FMLA leave, based on the employee’s serious health condition. But those conditions are frequently temporary and wouldn’t qualify as a disability under the ADA.

Pregnancy Discrimination Act doesn’t cover child care woes

12/23/2009

The Pregnancy Discrimination Act (PDA) protects employees from discrimination based on pregnancy and related medical conditions. It doesn’t, however, let new mothers take off work when child care arrangements fall through, as the following case shows.

Grandparent quit to babysit? No unemployment comp

12/23/2009

Child care is expensive, and many parents eager to avoid high day-care costs ask their own parents to watch the kids. That’s great if it works out. But in Pennsylvania, grandma and grandpa can’t expect to collect unemployment benefits if they quit their jobs to take care of their grandchildren.

EEOC targets teen harassment; Ruby Tuesday pays $255,000

12/23/2009

The Ruby Tuesday casual dining chain has agreed to pay $255,000 to a group of teenage girls who worked at its East Stroudsburg restaurant after the EEOC filed a lawsuit accusing a manager there of sexual harassment.

Philly area hospital workers lose lunch break, file lawsuit

12/23/2009

Workers at nine Philadelphia area hospitals have filed a class-action overtime lawsuit claiming the hospitals’ practice of automatically deducting lunch periods deprives them of overtime pay.

Settlement ends bias suit against Wyomissing company

12/23/2009

Wyomissing-based industrial fastener and tool maker SFS Intec has agreed to settle an EEOC discrimination lawsuit arising at a plant in Ohio. Two Hispanic employees complained of being denied training opportunities that were open to non-Hispanics.

Security guards at Rivers Casino reject union

12/23/2009

Security guards at Pittsburgh’s new Rivers Casino rejected an organizing bid by the Security, Police and Fire Professionals of America (SPFPA) union. In a close vote, the guards rejected unionization 38-35.

HR’s New Year’s resolutions: The top 10 to-do’s in 2010

12/23/2009

As you gear up for a new year, here are some key to-do’s that will minimize the risk of lawsuits: Make sure your company has considered how a potential flu pandemic could affect your operations … Get to know GINA … Keep an eye on the feds … Beware hasty terminations … Watch wage-and-hour issues … Make the ADA interactive … Focus on union issues … Manage social media …