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Pennsylvania

Choosing employees for promotion: A 6-step legal process

07/06/2009
HR people and managers are aware of the legal dangers in hiring outside applicants. But many forget that internal promotions also carry risks.

Competition for job openings heats up to record high

07/06/2009

Those few employers that are adding staff are sifting through more résumés than ever. Employers, on average, are evaluating 5.4 candidates for each of their openings, according to the Bureau of Labor Statistics.

Make sure managers report sexual harassment

06/26/2009

The 3rd Circuit Court of Appeals has ruled that managers who actually supervise the work of subordinates have a duty to report sexual harassment when they learn of it. If they don’t, their employer can still be held liable.

Congress considers legislation mandating paid sick leave

06/26/2009

Millions of employees would be eligible for seven days of paid sick leave annually if the Healthy Families Act, recently introduced in Congress, becomes law. A coalition of HR and business groups vowed to fight the bill, saying it would “force companies to increase layoffs, reduce wages and cut important employee benefits.”

Know the limits of employee free speech—no need to tolerate out-of-line protests

06/26/2009

Employees have the right to voice concerns and complaints about perceived workplace discrimination. But employers have rights, too. Employees don’t have the right to communicate their concerns in ways that are disruptive, insubordinate or that otherwise violate reasonable company policies. You can punish employees who don’t play by the rules.

Public employees and ‘advocacy’ speech: It’s not protected if it’s part of the job

06/26/2009

Public employers can’t punish employees for speaking out on matters of public importance. That doesn’t mean, however, that whatever an employee says is protected. One big exception involves speech when part of the employee’s job is to speak up about the topic. That’s not protected speech.

Easy come, easy go: Political appointees have little room to blame firings on bias

06/26/2009

In a pair of 3rd Circuit Court of Appeals cases, the court has made it clear that it has little tolerance for political appointees who clearly understand they serve at the pleasure of their elected officials and still sue when they are terminated, alleging some form of discrimination.

OK to punish complainer if you find wrongdoing

06/26/2009

Workplace investigations sometimes open a can of worms. What if, for example, you find out that an employee complaining about sexual harassment had engaged in wrongdoing, too? Even if the wrongdoing is related to the underlying sexual harassment complaint, you can and should punish the employee for that.

EEOC seeks broad subpoenas? Ask to have them limited

06/26/2009

If the EEOC thinks a complaint it receives may have national implications and wants more information, it has the power to expand its investigation. The agency can seek subpoenas to demand a long list of records from your company as it seeks to develop a broader, perhaps national case against you. The good news is that federal courts generally will scale down the request if you ask.

Watch your mouth: Obscure terms could trigger lawsuit

06/26/2009

Occasionally, an employee correctly uses an obscure word that someone else mistakes for an offensive one. When that happens, suggest using another term even if the term they are using is technically appropriate.