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Discrimination / Harassment

PERA doesn’t permit private harassment suits

10/22/2008

Recently, attorneys have been trying out a different tactic when employees have waited too long to file sexual harassment and other discrimination claims under either the federal Title VII or the Pennsylvania Human Rights Act.  They’ve tried suing the employer under the Pennsylvania Equal Rights Amendment. Now the Pennsylvania Superior Court has nixed that avenue …

What not to ask your prospective HR director

10/22/2008

It is an unwritten rule in polite society that anyone who feels compelled to guess a person’s age should always guess down. That’s why it’s hard to sympathize with an investor with Unitek USA, who reportedly asked a 55-year-old applicant seeking an HR director’s position, “How old are you, 78?” …

Perhaps councilman will next be kissing seat goodbye

10/22/2008

Terri Vaughn, finance director for the Yeadon Borough Council, has filed a sexual harassment and retaliation complaint with the Pennsylvania Human Relations Commission and the EEOC, alleging that council member Terry McGirth kissed her inappropriately on numerous occasions …

Pittsburgh hospital hostile to the sick, EEOC lawsuit claims

10/22/2008

The EEOC has filed a lawsuit against LifeCare Hospitals of Pittsburgh, a pioneer in caring for those with long-term acute illnesses, for turning its back on an employee who developed cancer …

Johnstown-area workers tilt at Spanish windmill company

10/22/2008

Kevin Wagner, Paul McElhenny and Rick Williams are suing Gamesa/Fiberblade, a Spanish manufacturer of wind turbines, for allegedly replacing them with younger workers and those from Spain …

What can’t I ask job applicants?

10/22/2008

Q. What questions are off-limits on an employment application or when conducting a job interview? …

What constitutes a hostile environment?

10/22/2008

Q. What factors determine whether a work environment is hostile? …

Act fast and fairly to investigate when employee complains of hostile work environment

10/21/2008

No matter how hard you work to make sure your workplace is a model of fairness and civility, you can’t rule out the possibility that an employee will come to HR with a claim that she’s being forced to work in a racially or sexually hostile environment. How you handle that complaint may make the difference between nipping an ugly problem in the bud and paying a huge jury award.

Keep detailed records on disciplinary process

10/21/2008

Far too often, careless employers lose lawsuits they should have won, especially when it comes to terminations. Here’s why: Some fired employees will sue for discrimination, and they have to show that you treated them differently because of some protected characteristic such as race, gender or age …

The new ADA Amendments Act: What every employer should know

10/21/2008

The ADA Amendments Act of 2008 will become effective on Jan. 1, 2009. Now is the time to prepare for the impact. The new law effectively broadens the scope of protection offered by the ADA, which Congress found to have been narrowed in recent years by various U.S. Supreme Court decisions and EEOC regulations.