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Discrimination / Harassment

Cut Out the Age Jokes; Employees Aren’t ‘Antiques’

09/01/2006

Workplace humor is fine until it drifts into the realm of gags about employees’ gender, race or religion. Even age-based jokes can trigger lawsuits. Although few employees will win age-discrimination lawsuits based on a joke or two, such juvenile behavior can take an otherwise marginal case and give it legal legs …

Settling PHRC cases early makes financial sense

09/01/2006

When facing a discrimination claim filed with the Pennsylvania Human Relations Commission, it makes sense for employers to try to settle as early as possible, before the agency holds hearings and files an opinion …

State Pays Out Nearly $4 Million After Firing at-Will Employee

09/01/2006

If you’ve ever wondered how much it costs an employer to defend a discrimination lawsuit, a Pennsylvania case may provide the answer …

EEOC settles race case over training discrimination

09/01/2006

The EEOC and Jameson Memorial Hospital settled a federal lawsuit that was originally filed last February. The New Castle hospital will pay $50,000 to an African-American radiology technician who claimed the hospital denied him training opportunities because of his race …

Understanding religious accommodations in Pennsylvania workplaces

09/01/2006

Pennsylvania mirrors America’s growing diversity in many ways. Today, mosques occupy old churches; co-workers wear burqas and yarmulkes; and some employees request "prayer breaks." Religious diversity is a reason for celebration in a pluralistic society, but it also presents challenges in the workplace …

Don’t fear shifting to ‘Get-Tough’ reviews, but be consistent

09/01/2006

When new management or HR leaders arrive at a company, they may realize that the old guard failed to hold employees to high productivity goals. As a result, they may shift gears and set tougher standards. Employees accustomed to the status quo and the good evaluations may be taken by surprise and suspect discrimination …

Résumé-Screening software: legal risks and precautions

09/01/2006

The federal job anti-discrimination law (Title VII of the Civil Rights Act) prohibits two types of discrimination: disparate treatment and disparate impact. Because automated tests, such as résumé-screening programs, are blind to applicants’ race, religion, gender and national origin, they likely can’t create a disparate-treatment case. However, such programs can still have a disparate impact on minorities …

When punishing employees’ use of slurs, equality counts

08/01/2006

The mantra in real estate is "location, location, location." But the mantra in employee discipline must always be "consistency, consistency, consistency" …

A ‘Perfect storm’ for organized labor is forming over Texas

08/01/2006

For Texas employers, the long-range forecast shows an unstable union atmosphere over the next several years, with pressure building from health care costs, outsourcing and immigration reform. As the united front of the AFL-CIO and the new Change to Win union blow through the state, damage may be significant …

OK’ing medical leave won’t equal acceptance of disability

08/01/2006

If you’ve ever wondered whether allowing an employee to take medical leave will tie your hands if it comes time to challenge that employee’s disability claim, take heart. Just because you didn’t ask for medical proof of disability once, that doesn’t mean you can’t later …