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Discrimination / Harassment

Fund managers bring whistle-Blower suit against Prudential

06/01/2007

Two former mutual fund managers are suing Prudential Financial, claiming the company violated state and federal whistle-blower laws …

Dust off your harassment policy or face the jury

06/01/2007

Too many companies’ sexual harassment policies are ancient history—drafted almost a decade ago after the U.S. Supreme Court laid down strict liability rules for how employers must protect employees from sexual harassment. But a dusty binder on a shelf won’t do anything to protect your company …

‘Soft’ termination rationale increases chance of jury trial

06/01/2007

Does your disciplinary policy call for dismissing employees who coerce or intimidate other employees? Understand that firing an employee for violating such rules might make a jury trial more likely …

Wilkes-Barre bipolar surgeon wins discrimination suit

06/01/2007

A federal jury awarded $250,000 to an orthopedic surgeon who claimed Wyoming Valley Health Care System in Wilkes-Barre discriminated against him because he suffered a psychiatric episode while performing a total knee replacement …

Vice president says he was fired for passing the CEO’s joint

06/01/2007

A former executive vice president of Roscom Inc., a Croydon-based manufacturer and distributor of polyvinyl chloride products, alleges he was fired for refusing to smoke marijuana with CEO Nick Lynch …

Pa. working women earn petite paychecks

06/01/2007

Women in Pennsylvania earn 73 cents for every dollar earned by men in similar positions, compared to the national average of 77 cents on the dollar …

Pregnancy and ADA

06/01/2007

Q. An employee we hired two months ago has been absent frequently. She just informed us that: She is three months pregnant; is often too sick to work due to her pregnancy; has been told by her doctor that she can work only part-time for the next several months; and might be on bed rest for the last two months of her pregnancy. It is necessary for her to perform her job on a full-time basis without excessive absences. Is pregnancy covered under the ADA? Can we terminate her to hire someone who will be there full-time?

Track customer complaints—you may need them later

06/01/2007

If subjective criteria like attitude, leadership and being a team player are part of your organization’s employee evaluations, you’d be wise to keep detailed records of customer complaints …

OK to change job requirements, but be prepared to justify

06/01/2007

Jobs evolve and often become more complex, so it makes sense to revisit job requirements when someone quits, retires or is promoted. There’s no better time to re-evaluate positions to make sure the next job candidates will have the skills, training and experience necessary to succeed. But if you don’t document the changes carefully, you may find yourself facing a lawsuit …

Solid reasons for firing protect against retaliation charges

06/01/2007

Nothing will land an employer in legal hot water faster than firing an employee who just made a discrimination complaint. At first glance, it will almost always look like retaliation. But that doesn’t mean your hands are tied …