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Employment Law

Stress from tough boss isn’t a disability

05/04/2015
Some supervisors are hard to handle, especially for subordinates sensitive to criticism. But the resulting stress isn’t usually a disability under the ADA and therefore doesn’t have to be accommodated.

Supremes: Courts may review EEOC for good faith

05/04/2015
The U.S. Supreme Court ruled April 29 that courts have the authority to review whether the EEOC made a good-faith attempt to conciliate discrimination complaints before suing employers, as required by Title VII of the Civil Rights Act. The unanimous decision in Mach Mining v. EEOC is a limited win for employers.

EEOC: Title VII covers transgender employees

05/01/2015
Arguing that Title VII’s prohibition on sex discrimination covers transgender employees, the EEOC successfully pursued a bias claim filed by an employee who was fired shortly after beginning a transition from male to female.

Pope Francis calls gender pay gap ‘pure scandal’

05/01/2015
Pope Francis used the occasion of his weekly general audience on April 29 to call for pay equity between men and women.

Supreme Court: Rethink pregnancy leave policy

05/01/2015
The U.S. Supreme Court recently issued a long-awaited ruling that aimed to settle the controversy surrounding when employers must give light-duty work to pregnant employees.

Court moves FedEx ADA case to Pittsburgh

04/29/2015
Over EEOC objections, a trial to determine whether FedEx discriminated against deaf employees has been moved from Baltimore to a Pittsburgh courtroom. FedEx sought the change of venue, noting that its headquarters and those responsible for developing company policies on training and accommodation are based in Pittsburgh.

Pennsylvania hospital becomes a ‘no nicotine’ employer

04/29/2015
On April 1, Holy Spirit Hospital in Camp Hill began refusing to hire anyone who tests positive for nicotine use.

Prepare for legal trouble when bosses play detective with employees on FMLA leave

04/29/2015
Train all supervisors about the FMLA. Instruct them to refer any perceived problems to HR. Direct supervisors should not, for example, conduct their own “investigations” into whether an employee is abusing intermittent FMLA leave by conducting surveillance or taking other intrusive steps. Doing so may net a lawsuit alleging interference with FMLA rights.

NLRB rules against Pennsylvania-American Water

04/29/2015
The National Labor Relations Board has ruled that Pennsylvania-American Water Co. violated the National Labor Relations Act when it disciplined two Pittsburgh-area workers for refusing to cross a picket line. The board also censured the company for removing a union letter from a bulletin board.

Ensure complaint doesn’t taint firing decision

04/29/2015

Employees who file discrimination complaints are protected from retaliation. When a complaint is closely followed by termination, it becomes easier for the fired employee to show the two were linked and that one caused the other. Smart employers cut this causal connection by making sure that whoever makes the termination decision wasn’t involved in the employee’s original complaint.