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Pennsylvania

Independent contractors can sue for race bias

10/27/2009

Unlike employees, independent contractors can’t sue under Title VII for alleged discrimination. But that doesn’t mean they don’t have legal options if they believe they’ve suffered race discrimination. The 3rd Circuit Court of Appeals has just concluded that an old Civil War-era law still outlaws discrimination in contracting.

Know the FMLA, ADA rules when employee asks for time off to care for disabled relative

10/27/2009

Employees who need to take care of a disabled relative may be eligible for FMLA leave if the disability qualifies as a serious health condition—but only if the employee has worked enough hours to be eligible for FMLA leave. Likewise, employees sometimes think their employers must provide them with reasonable accommodations so they can care for a disabled relative under the ADA’s so-called association clause—that’s simply not true.

Guess again: You can’t avoid liability by ignoring pay discrimination complaints

10/27/2009

The 3rd Circuit Court of Appeals has reversed an earlier decision made just months ago and ruled that when a woman asks for a raise to equal her male counterpart’s pay, ignoring the request is the same as denying the request. The employee may then file a Title VII pay discrimination claim …

Track timing on discrimination suits; missed federal deadlines can kill state claims, too

10/27/2009

Here’s another good reason to push for early dismissal of employee lawsuits when it’s clear the employee has missed an important filing deadline: Doing so may kill state claims that have yet to be filed—if those claims are based on the same facts.

New health coverage rules for dependent kids start Nov. 8

10/02/2009

A new federal law takes effect Nov. 8 that extends eligibility for group health insurance coverage to some dependent children age 18 or older who are higher-education students.

Sedentary work restriction may be disability

09/23/2009

Employees who are unable to perform anything but sedentary work may be disabled under the ADA. That means employers may have to find ways to accommodate them, including finding open positions for them to fill elsewhere within the company.

Include past conduct in ‘for-cause’ clause

09/23/2009

If you use employment contracts for key employees, and those contracts include a “for cause” discharge clause—essentially allowing you to terminate the contract (and employment) for specified reasons—include a paragraph that includes acts or omissions that occurred before the contract was signed.

Appeals court opens door on sexual orientation, although Title VII doesn’t cover it

09/23/2009

The 3rd Circuit Court of Appeals has issued an opinion that may result in many more sex discrimination lawsuits at work. The case allowed an avowedly homosexual man to file a sex discrimination and harassment lawsuit based on his effeminate mannerisms—even as the court reiterated that sexual orientation isn’t covered by Title VII.

Train supervisors to refer potential FMLA leave requests to HR

09/23/2009

Employees who need FMLA leave don’t have to specifically say so. They just have to give enough information to let their employers know they may have a serious health condition. That’s why you need to train supervisors to let HR handle all leave requests involving health problems of any sort.

Use ‘general public’ test to determine whether employee is disabled under the ADA

09/23/2009

Employees who have minor physical problems—even permanent ones—aren’t necessarily disabled and entitled to ADA accommodations. The test in each case is how the impairment compares with the average member of the general public.