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Employment Law

Mental health accommodations addressed in EEOC guidance

03/03/2017
The ADA only covers mental health conditions if they constitute disabilities, meaning they substantially limit a major life activity.

No EPA claim if the jobs weren’t actually equal

03/03/2017
To win an Equal Pay Act claim, an employee must show that a similarly situated employee of the opposite sex was paid more. It’s not enough to merely claim that one sex generally earned more.

The one time it’s good for your handbook to be a contract

03/03/2017
An employer has won the right to pursue a contract counterclaim against a former employee based on a provision in the employee handbook.

Beware individual liability for wrongful terminations under Pennsylvania state law

03/03/2017
Under the Pennsylvania Human Rights Act, employees who are actively involved in termination decisions may be deemed personally liable for aiding and abetting violations of the law.

Document every aspect of ADA interactive accommodations process

03/03/2017
If the employee never requested modifications to an accommodation, he won’t be able to claim later that the employer didn’t engage in the interactive process. The fault would lie with the employee.

Paid leave can be adverse employment action

03/03/2017
It seems counter-intuitive, but putting someone on paid administrative leave can be an adverse employment action and the basis for a lawsuit.

Beware retaliation against whistleblowers

03/02/2017
To protect the public from unlawful conduct, whistleblower laws make it illegal to retaliate against employees who complain to public agencies about employer actions that endanger the public or break the law.

HR data security: 5 questions to ask IT today

03/02/2017
Before you add even one more sensitive file to the server, find out just how secure your systems truly are.

Jewelry chain faces massive sexual harassment suit

03/02/2017
The threat of even a small class-action lawsuit can rattle the coolest of HR pros and the attorneys with whom they work. Imagine being sued by 69,000 current and former employees!

Beware asking for extra ‘proof’ of FMLA need

03/02/2017
Demanding more than the standard medical certification may amount to interference with an employee’s right to take FMLA leave, as a recent federal appeals court case demonstrates.