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Pennsylvania

Lawsuit may hinge on whether Harrisburg U. is public or private

05/28/2013
The financially troubled Harrisburg University of Science and Tech­­nol­­ogy has asked a federal judge to dismiss a retaliation lawsuit filed by a former professor. She claims she was fired over criticism she and her husband leveled against university officials.

Good faith? Judge blasts EEOC conciliation process

05/28/2013
A federal judge in Western Penn­­syl­­vania has chastised the EEOC for not attempting to conciliate discrimination charges in good faith. The criticism stems from a bias complaint the EEOC investigated against a group of six Ruby Tuesday restaurants.

Remember: Contract workers are eligible to sue you, too

05/28/2013
Here’s a reminder that you need to document disciplinary and workplace problems for temporary contract employees, too. It doesn’t matter that they know they only have a job for a set period of time.

When using temps, make sure temp agency retains control of employment relationship

05/28/2013
Using temporary workers can be an effective way to stretch your labor budget without making a long-term staffing commitment. But if a temp sues over alleged discrimination, you may not have saved much money. To prevent surprises, make sure you treat the temp as a guest—leave the employment details to the agency that supplies the temp.

Document all internal bias complaints to head off possible retaliation lawsuits

05/28/2013
Employees who go to HR or the EEOC with a discrimination complaint engage in what’s called protected activity. Even if their claims don’t pan out, they can’t be punished for complaining in the first place. That’s retaliation and can form the basis of a lawsuit on its own, even if there was no underlying discrimination.

Employee won’t even try ADA accommodation? That ends your obligation

05/28/2013
Here’s a bit of good news for employers that try to accommodate disabilities but whose efforts are rejected out of hand: When you offer what looks like a reasonable accommodation and an employee refuses to even try it, you are no ­longer obligated to retain her. A worker who rejects an offered accommodation is no longer covered by the ADA if she doesn’t even try it first.

Walmart pay saga continues with appeal to Pa. Supreme Court

05/28/2013

Retail giant Walmart has appealed to the Pennsylvania Supreme Court, asking it to overturn a $187.6 million class-action verdict issued two years ago. That decision followed a 32-day trial in 2006 that sent shock waves through the Pennsylvania employer community.

Handbook calls for civility? Enforce the policy

05/28/2013
Many employers have revised their handbooks to include language requiring all employees to treat one another—as well as customers—with respect. But that doesn’t mean that em­­ployees who feel “disrespected” have grounds for a lawsuit.

OK to vary pay–as long as there’s no sex bias

05/28/2013
Employees are supposed to receive the same compensation for the same work regardless of sex. But that doesn’t mean you can’t pay some men more than some women, even if it’s crystal clear that they’re doing the exact same job. That’s because the Equal Pay Act allows for differences that can be accounted for by any factor other than sex.

Should veiled lawsuit threat affect how we approach disciplining difficult worker?

05/08/2013
Q. We have an employee who has been a constant source of drama and complaints within her department. When her manager sat down with her recently to discuss a confrontation she had with another co-worker, she “casually” mentioned that she has been trying to get pregnant, and “wonders if the stress of the job” could be the reason she has been unable to conceive. What are we supposed to do now?