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Discrimination / Harassment

Progressive discipline and pregnancy: Can the process continue?

08/04/2009

Q. If an employee is already on probation when she becomes pregnant, can we continue progressive discipline measures, including possible discharge?

Lilly and Carlos: Questions and answers on the Ledbetter Act’s unintended consequences

08/04/2009

The Lilly Ledbetter Fair Pay Act was designed to ensure pay equity for women. It does a whole lot more than that! Learn how this landmark legislation affects all protected employee classes and could influence your employee benefits program.

How to legally manage pregnancy and maternity leaves

07/28/2009

When an employee announces she’s pregnant, it’s important for HR and supervisors to know what they must do—and what they can’t do (or say) under federal anti-discrimination and leave laws. Most employers must comply with the Pregnancy Discrimination Act and the FMLA. The ADA may apply if pregnancy complications arise.

Former boss’s good reviews don’t prove new boss’s bias

07/27/2009

When a new boss suddenly gives a lousy performance review to an employee who is used to getting good reviews, the employee may try to blame the change on the new supervisor’s alleged bias. Absent other evidence, that won’t prove discrimination in court.

Press ‘send’ for liability: The legal risk of misdirected e-mail

07/24/2009

Have you ever felt that punch-to-the-stomach feeling of clicking “Send” and realizing you blasted an e-mail to the wrong person? As the CEO in the following case learned, one misguided e-mail mixed with some poor judgment can stir up a potent legal stew …

The best way to end hostile environment suits: Train bosses what to do when worker complains

07/24/2009

Some employees are more sensitive to potential sexual harassment than others. What some might disregard as innocent flirtation, others might consider an unwelcome come-on. Courts often throw out harassment suits that start that way, but why tempt fate—or spend time and money defending yourself?

Set clear, fairly enforced rules on behavior to trump ‘my disability made me do it’

07/24/2009

Some employees with genuine disabilities think they can use their health conditions as excuses to break workplace rules regulating behavior. They can’t, if managers genuinely believe the employee violated the rules, and those rules are clear and equitably enforced.

When supervisor makes stupid comment, make sure you can justify discipline

07/24/2009

When a supervisor says something insensitive, employers must fix the problem and then make sure the comment doesn’t reflect some sort of deep bias. Follow up on the comment with appropriate discipline and then check to see that any discipline recommended by the supervisor is based on independently verifiable information.

Circle that date! EEOC filings have 300-day deadline

07/24/2009

Remember: Pennsylvania employees have just 300 days to file an EEOC complaint.

Phillies vs. Mets: At least this time, home fan disappointed

07/24/2009

When the New York Mets play in Philadelphia, they stay at the Westin Philadelphia in Center City. In August 2007, John Dunlap was staffing the hotel’s front door when he attempted to move the ropes back to make more room for the entering ball players. That’s when a New York fan cursed at him—and that’s where the trouble began …