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Employment Law

Document time of performance problems in case employee registers bogus complaints

11/06/2018
Employees who face discipline sometimes fight back with their own discrimination complaints. Terminating such an employee shortly afterward can look suspiciously like the complaint precipitated the discipline. The best way to prevent that impression is to carefully document the reasons for the disciplinary meeting in the first place.

Minor workplace changes aren’t enough to justify lawsuit alleging bias or retaliation

11/06/2018
Courts don’t want to micromanage your business. Make sure you can explain workplace changes in the context of legitimate business needs.

Bottom-up hiring could perpetuate pay bias

11/06/2018
There’s a danger that wages may appear to be discriminatory if the hiring process is centralized, but decisions about starting pay are made locally, without regard to broader corporate compensation scales. The risk: Class-action lawsuits.

Bill to limit noncompetes considered in Harrisburg

11/06/2018
A bill before the Pennsylvania General Assembly would outlaw most noncompete agreements and give employees a private cause of action against employers should the employer attempt to enforce a noncompete agreement.

Snapshot: Is it sometimes hard to tell what is sexual harassment?

11/06/2018
A year after #MeToo took off, gender and political leanings affect definitions of harassment.

EEOC backs bystander harassment reporting

11/01/2018
The EEOC’s Select Task Force on the Study of Harassment in the Workplace issued a landmark report outlining best practices for employers to follow. Among the most important: Encouraging bystanders to report sexual harassment they witness and rewarding them for doing so.

USERRA requires reinstatement, with benefits

11/01/2018
A long-running case shows the legal trouble that can ensue when an employee alleges USERRA violations.

State amends pay equity law, clarifies salary history issues

10/31/2018
California’s pay equity law has been amended to clarify certain ambiguities regarding proper interview questions, disclosure of pay scales and the application of the law to existing employees.

California HR agency pays to settle ADA complaint

10/31/2018
The EEOC investigated the California Department of Human Resources following complaints from applicants that it failed to accommodate disabilities during the hiring process and violated the ADA when it was conducting medical reviews of applicant fitness.

Expect courts to give leeway to pro se litigants

10/31/2018
Just because an employee doesn’t have an attorney, don’t expect his discrimination case to be quickly dismissed. In fact, many federal judges will try hard to help such pro se litigants.