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Employment Law

Paper trail cuts both ways if it shows unequal discipline

03/01/2008
You know you should document problems and violations before disciplining an employee who previously performed well. You create a paper trail showing warnings, counseling and efforts to get the employee back on track. But if the employee you disciplined can show that others with the same shortcomings got off, that paper trail may come back to haunt you …

360° evaluations help when charge is ‘Failure to get along’

03/01/2008
Courts are naturally suspicious when employers trot out subjective discharge reasons like “not a team player” or “fails to inspire subordinates,” which may mask an underlying discriminatory attitude. One way to add credibility to subjective evaluation criteria is to ask co-workers and subordinates for their confidential assessments …

Denied training opportunity isn’t necessarily discrimination

03/01/2008
It’s not discrimination for an employer to offer training to some employees but not others—if the training doesn’t lead to greater pay, advancement opportunities or other tangible benefits. Simply put, employers don’t have to worry about discrimination lawsuits if their decisions are based on solid business reasons …

Non-Minorities can’t sue on basis of minority discrimination

03/01/2008

Good—and somewhat obvious—news: Job applicants who are not members of a protected class can’t sue for discrimination on the basis that an employer’s hiring practices discriminate against minorities …

Conduct age audit to show you don’t favor young workers

03/01/2008
In tight economic times, you may have to trim staff to save money. Undoubtedly, some of those RIF victims will be older. But that doesn’t necessarily mean that you will be on the losing end of an age discrimination lawsuit. To check where you stand, do a quick age audit …

Counter retaliation claims by tracking PHRC and EEOC filings, internal complaints

03/01/2008
One of the easiest ways for employees to win discrimination cases is to allege that their employers punished them for complaining about alleged discrimination. Often, employees win those retaliation cases even while losing the underlying discrimination complaint. But employers can defeat retaliation charges by showing that the employee never complained in the first place …

Employees can’t sue under state’s ERA if other laws cover employer

03/01/2008
Employers covered by the Pennsylvania Human Relations Act don’t have to worry about being sued separately under the Pennsylvania Constitution’s Equal Rights Amendment …

Philadelphia pushing for more diverse union work force

03/01/2008
In what the Philadelphia City Council is calling a “historic accord,” the city and building trade unions that will work on the $700 million expansion of the Philadelphia Convention Center have agreed to increase the number of minority participants. Under the agreements, the unions have disclosed the demographics of their membership and will push to diversify …

Wal-Mart faces suit over workplace romance

03/01/2008
A former department manager at the Wal-Mart Distribution Center in Woodland, Clearfield County, is suing the company for gender discrimination after she was fired for having a relationship with an employee …

Philly PD officer reinstated

03/01/2008
Philadelphia Police Department Chief Inspector Evelyn Heath, who was fired for allegedly harassing a fellow officer after their love affair ended, was reinstated with back pay after an arbitrator dismissed misconduct charges against her …