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Pennsylvania

Defeat bias lawsuits with well-crafted policies

09/10/2020

One of the best ways to beat employee allegations that they were disciplined or fired because of discrimination: Show the court you have comprehensive policies on discipline that you enforce consistently.

Individually assess each disability claim

08/06/2020

The ADA has been on the books for 30 years, but some employers still don’t understand one of the law’s basic requirements: They must conduct an individualized assessment every time an applicant or employee claims a disability.

Prepare for ADA suits driven by health fears

07/09/2020

Simultaneous health and financial crises have given us all plenty to fear. Surely you are doing your best to prove to employees that your workplace is safe. Most will be assured. However, a small subset of workers may remain paralyzed by safety concerns.

Inspect remote worksites to uncover hidden harassment

07/02/2020

Harassment—sexual and otherwise—often flourishes in remote work locations where there is little direct supervision. One of the best ways to rein it in: routine, unannounced workplace visits by HR.

Prepare for more suits claiming unsafe work

06/25/2020

Lawsuits over working conditions that promote injuries, contagion and illness are likely to skyrocket in the coming year.

You, not employee, choose accommodation

06/11/2020

Some disabled employees couch their ideas about the accommodations they want as demands, not suggestions. That’s when it pays to remember: The employer, not the employee, gets to choose the reasonable accommodation.

Offer easy accommodations … or settle for $3.3 million

05/28/2020

When in doubt about how to handle an ADA request, sometimes the best bet is to offer a temporary accommodation. Make sure the employee understands the accommodation is temporary and not an admission that he’s entitled to it. Then set a review date.

Date and time stamp every discipline decision

05/21/2020

Smart employers immediately and precisely document every employment decision. For example, it’s not enough to merely note the date you decided to terminate someone. Record that actual time the decision was made.

Calling off sick doesn’t trigger FMLA rights notice

05/07/2020

Employers are obliged to let employees know about their FMLA rights—when it’s clear they are dealing with a serious health condition. Merely calling off sick won’t cut it.

DOL: No pause in wage-and-hour lawsuits

04/23/2020

Don’t expect a decline in lawsuits during the coronavirus pandemic. Be sure you continue to follow all your usual protocols for responding to EEOC complaints, subpoenas and other legal notices.