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Employment Law

When promotions favor similar employees, prepare to justify

05/23/2008
Have many of your recent promotions gone to members of one sex or some other protected category? If so, take some time now to figure out how that happened. It’s entirely possible that what at first looks like a suspicious “coincidence” that could be misconstrued as discrimination is actually completely innocent …

Appearances do count: Check for hidden bias in terminations

05/23/2008
Before making a final decision on a reorganization or series of RIF terminations, take a close look at any characteristics the employees losing their jobs might share. A set of terminations that affects only members of a protected class is sure to attract attention …

Employee has used all FMLA leave? Assess disability status before terminating

05/23/2008
The FMLA entitles employees to up to 12 weeks of unpaid leave to deal with a serious health condition. That doesn’t mean, however, that you should immediately terminate an employee who can’t return to her job right away. That could violate the ADA …

Racial harassment costs contractors $1.65 million

05/23/2008
Four construction workers will share a $1.65 million settlement for racial harassment they endured while building a Conectiv power plant on the old Beth Steel site in Bethlehem. The men said they had never been on a job site that didn’t feature racial harassment, but the harassment on this site was worse than usual …

Muslims object to bias in state police training

05/23/2008
The Pennsylvania chapter of the Council on American Islamic Relations (CAIR-PA) has asked the Pennsylvania State Police to change its mandatory officer training class, “Radical Islam: A Law Enforcement Primer” to offer a more balanced view of Islam …

Cop pulls a Bonnie and Clyde

05/23/2008
Christian Torres, a New York City rookie police officer, allegedly robbed a Sovereign Bank in Muhlenberg Township on April 11, making off with $113,000. He didn’t get far …

Threatening, but not hostile

05/23/2008
Keith Harris and Dennis Alexander, who are black, sued Joseph Orlando, owner of Cobra Construction, for constructive discharge and racial discrimination, saying they were forced to quit out of fear for their lives …

U.S. Supreme Court rules on arbitration agreements

05/23/2008
The U.S. Supreme Court has handed down an opinion that may have important ramifications for employers and others who use arbitration agreements to resolve disputes. Although technically not an employment law case, the decision sets some important limits on how arbitration decisions are appealed …

After learning of possible serious medical condition, what are our legal obligations?

05/23/2008
Q. An employee told us he has a bad hernia. He wants to wait a couple months to have the operation, since it requires six weeks’ recovery. He does some lifting in his job. Yesterday, he had to go home early because he was in pain. Now that we are aware of his condition, what’s our liability? And what should we do?

What should we include in a policy banning cell phone cameras?

05/23/2008
Q. I’m looking to create a policy regarding cell phones with photographic capabilities. Any suggestions? …