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Pennsylvania

Genuine fear for safety may justify quitting

04/30/2018
If an employer reassures an applicant that she’s going to be working in a safe environment and that turns out to be incorrect, that worker may be justified in quitting.

Recent medical diagnosis? Consider accommodations

04/30/2018
Sometimes an employee discovers she may have a disability, or that it’s time to disclose one she had been keeping secret. How the employer responds to that information may prevent an ADA discrimination lawsuit—or trigger one.

Denial of basic training opportunity doesn’t rise to the level of sex discrimination

04/30/2018
Not every negative thing that happens amounts to retaliation or discrimination. Employees have to show that any “punishment” they experienced significantly changed the conditions of employment.

Suddenly stopped informal accommodations? Get ready to defend decision in court

04/30/2018
Disabled employees are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. Employers cannot simply develop a list of one-size-fits-all accommodations for a particular condition.

Ensure fair treatment after return to work

04/30/2018
The ADA and the Pennsylvania Human Rights Act protect disabled workers from harassment based on their disability. Make sure everyone, including co-workers and supervisors, understands they cannot punish a disabled employee for taking leave.

Document all efforts to find ADA accommodations

04/26/2018
If an employee tells you he has a new medical condition that qualifies as an ADA disability, document all discussions you have about possible accommodations.

Worker taking high road can still quit & sue

04/26/2018
Typically, workers sue after being fired or otherwise subjected to an adverse employment action such as a demotion. But sometimes, aggrieved employees can quit and still sue, alleging that their working conditions were so severe that they had no choice but to leave.

Jail for law firm embezzler who couldn’t ‘Let It Go’

04/09/2018
An accountant for the Valley Forge office of the Chartwell Law Firm saw an opportunity to take money and just couldn’t hold back anymore.

2nd Circuit rules: Anti-gay bias is sex discrimination

04/03/2018
The 2nd Circuit joins the 7th Circuit in ruling that sexual orientation is protected from discrimination, a position contrary to that taken recently by the 11th Circuit.

Jenkintown, Pa. pub cooked books in addition to meals

04/03/2018
The owner of Drake Tavern in Jenkintown, Pa. will serve up $25,902 in back wages and an equal amount in liquidated damages to 50 employees after investigators from the U.S. Department of Labor’s Wage and Hour Division discovered that managers consistently altered employee time card.