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Pennsylvania

Reminder: Avoid ageist preference talk

10/13/2022

Rejected or terminated older employees who sue under the ADEA often try to prove age discrimination by offering as evidence management comments with an ageist bent. For example, a CEO who speaks publicly about a preference for youthful applicants or refers to employees as “old timers” or “dinosaurs” may provide the proof a fired older worker needs to win their case.

Bar offensive speech from social media

10/13/2022

We live in the era of social media, where a shared opinion can quickly spread from a handful of contacts to millions. A post some view as offensive can have immediate consequences, turning into a public relations nightmare for the poster’s employer.

Diner ordered to dish up $1.35 million

09/20/2022

The Empire Diner in Lansdowne, Pa., learned the hard way it’s not nice to steal your servers’ tips.

Court tosses anti-vax claim of religious exemption

09/15/2022

Handling requests to reasonably accommodate employees’ religious beliefs or practices can be tricky because the law defines religion rather loosely. Workers with beliefs clearly far outside mainstream religions are still protected from employment discrimination.

Leave medical history out of hiring and firing decisions

09/01/2022

Remind supervisors never to consider an applicant’s or employee’s medical history when making hiring, firing or other employment decisions. That’s true even if a worker’s medical condition may cause health insurance premiums to rise or result in frequent absences.

Ensure bosses don’t block accommodations

08/11/2022

It’s important to train supervisors that they must honor approved disability accommodations and immediately refer all requests to modify accommodations to HR.

Steer clear of hosting unwanted festivities

07/21/2022

Before you plan the next workplace party honoring an employee, ask whether this is something the employee wants and will appreciate. There has been a recent rash of lawsuits over such unwelcome events.

Tell bosses: Don’t pester teleworkers after hours

06/24/2022

If you have hourly employees working from home, make sure their supervisors understand their role in preventing surprise wage-and-hour claims.

Document how you tried to accommodate religion

06/09/2022

Employers must reasonably accommodate employees’ religious beliefs and need to worship. But it’s not an absolute mandate; the accommodation must be reasonable. If it would cause an undue hardship, employers must document their accommodation efforts and the disruption caused by unsuccessful attempts to accommodate religious needs.

Investigate suspected FMLA intermittent leave abuse

05/12/2022

Dishonest employees often abuse their right to take intermittent FMLA leave. Fortunately, courts grant employers broad leeway to investigate suspicious absences.