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Pennsylvania

Accommodation delayed may be accommodation denied

01/03/2014
Act fast on reasonable accommodations requests. Lengthy delays may be viewed as an outright denial of accommodations.

Fair is fair: Before you fire, give employee a chance to tell her side of the story

01/03/2014
Want to look good to a judge? Then take the extra time to let employees tell their side of the story before you fire them.

Periodic depression may not be ADA condition

01/03/2014
Do you have an employee who sometimes becomes depressed and needs FMLA leave on an intermittent basis to deal with flare-ups? If so, he’s not necessarily disabled under the ADA.

OK to discipline disabled worker for rule-breaking

01/03/2014
Don’t worry that you can’t discipline disabled workers—if you can show that you punish all em­­ployees equally for breaking the same rule. An employee’s disability is irrelevant as long as you don’t cut slack for other employees while punishing the disabled worker.

Pennsylvania anti-bias agency sued for race bias

01/03/2014
The Pennsylvania Human Relations Commission (PHRC) is getting a taste of its own medicine. A candidate for the position of PHRC executive director has filed a lawsuit claiming that the commission—which investigates discrimination charges—is guilty of being racially biased.

A hairy problem: Cut biased grooming rules

01/03/2014
Here’s a warning about general grooming standards and disciplining employees over their hairstyle choices: Make sure you apply the same standards to all employees and don’t end up forbidding members of a particular protected class to wear hairstyles that are OK for other workers.

Fired for 1st violation? Better explain why

12/13/2013
There’s a first time for everything—including firing someone for violating a rule. But that may spell trouble if other employees weren’t punished for breaking the same rule.

Is there a legal way to ask if candidates will be able to work weekends and after hours?

11/27/2013
Q. We are currently interviewing for an event coordinator position, which would require the person to frequently work well beyond the usual 9-to-5 workweek. Is there a way we can ask about personal situations and make it clear that missing these events because of family obligations would not be tolerated?

How should we handle time tracking for nonexempt telecommuters?

11/27/2013
Q. We try to be a flexible workplace and sometimes get requests from employees to work from home for a day or two during school breaks and so on. I don’t have a problem with this for exempt em­­ployees, but what about hourly ones? How do we track that time?

Accommodating religion in the 21st century workplace

11/27/2013
Employers are often reluctant to raise concerns over the impact of an employee’s religious practices. Those issues generally aren’t considered to be job-related, and the fear is that addressing them might cause a discrimination lawsuit.