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Pennsylvania

Pregnancy bias often an instant win for worker

08/30/2017
Here’s a sure way to lose in federal court: Take a pregnant worker off your automatic scheduling program because you worry that she might go into labor and inconvenience your business.

Beware discipline right after employee files lawsuit

08/30/2017
If an employee sues her employer and suddenly faces increased scrutiny, she may argue that she’s being retaliated against. She would have an even stronger case if the employer was singling her out for extra scrutiny.

What’s good enough to win one case might be a loser when applied to a different claim

08/30/2017
Even if you think you have a rock-solid reason to fire someone, don’t count on it as an airtight defense against every lawsuit. Your rationale might, for example, be an excellent defense against an age discrimination claim, but not against an FMLA claim.

Beware firing as employee nears eligibility to take FMLA leave

08/30/2017
If an employee says she is going to need FMLA leave as soon as she becomes eligible, terminating her may amount to interference with the right to take FMLA leave. That’s true even though she wasn’t eligible for leave when she was fired.

Context matters when deciding if social media posts are ‘protected activity’

08/30/2017
Some employee speech on social media may end up classified as protected activity if it can legitimately be classified as a protest against what would be illegal discrimination under laws like Title VII.

Warn against mocking sexual orientation

08/30/2017
Regardless of sexual orientation’s uncertain protected status, it is well-settled that mocking someone’s nonconformity to society’s gender stereotypes is sex discrimination.

Don’t sweat minor harassment gripes

08/30/2017
Some employees can be overly sensitive to criticism or perceived harassment. Most judges expect workers to shrug off occasional irritating comments, even if they feel them to be personally offensive.

Pennsylvania settles world’s most predictable lawsuit

08/30/2017
The Pennsylvania State Office of Public Records has agreed to pay $60,000 to settle an EEOC age discrimination lawsuit that alleged it passed over a seasoned, older attorney to hire a less experienced, young applicant for an appeals officer position.

HR director charged with embezzling nearly $1 million

08/09/2017
The former HR director for HighPoint Solutions, a medical technology consulting firm headquartered in suburban Philadelphia, faces charges she wrote fraudulent checks totaling $919,301.

EEOC/OFCCP merger unites employment community–in opposition

08/02/2017
Creating a rare moment of unity, the Trump administration has offered a proposal on which virtually the entire employment community agrees. It wants to merge the EEOC and the Department of Labor’s Office of Federal Contract Compliance Programs. Almost everyone thinks this marriage is a bad idea.