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Pennsylvania

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.

Layoffs: Check job-cut list for discrimination liability

04/28/2022

Any time you must lay off employees, carefully review the list of people who will lose their jobs. Reason: Reductions-in-force are magnets for discrimination lawsuits.

Jury finds discrimination, but awards no damages

03/17/2022

It always pays to document poor performance in detail and contemporaneously. If you ultimately need to terminate the employee, you will have the backup you need to justify your decision, even if the employee claims that you somehow discriminated against him.

Beware discipline for work not done during FMLA leave

02/10/2022

When employees take FMLA leave, sometimes their employers just let the work pile up, to be completed when the employee returns. That can be dangerous if the employee can’t catch up and is punished.

Never manipulate pay or hours to avoid OT