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Employment Law

Discrimination, retaliation alert: Beware bending promotion rules case-by-case

04/01/2015
When it comes to promoting employees, try to make sure everyone has a fair shot at opportunities. And if you ever bend the rules, realize that you may end up having that flexibility used against you if you don’t do the same for others.

Make sure harassment reporting process isn’t stacked against those who complain

04/01/2015

Employers with a robust anti-harassment policy can sometimes escape liability if employees unreasonably fail to take advantage of the policy to report alleged harassment. The idea is that employers should have a chance to fix the problem. But if your process is somehow stacked against alleged victims, don’t expect a court to let you off the hook.

Think long and hard before firing harassment victim for fighting back

04/01/2015
Sometimes, an employee may feel as if she has no viable option except to fight back against a bully or harasser. That puts you, as the employer, in a difficult spot. Do you launch a full-scale investigation, try to sort out which employee is telling the truth and then fire the one you believe most culpable? If that’s the employee who physically struck the other, you may be making the wrong choice.

Pa. governor calls for ban on bias against LGBT employees

04/01/2015
Gov. Tom Wolf has asked the legislature to send him a bill providing protections for lesbian, gay, bisexual and transgender employees.

Function–not treatments–decides disability

04/01/2015
Carefully consider whether an employee really qualifies as disabled before providing reasonable accommodations. Don’t focus solely on the number of treatments an injury or condition requires. Focus instead on whether the condition substantially impairs a life function.

Don’t let xenophobia harm innocent employee

04/01/2015
It’s no secret: International news often upsets Americans, especially since the Sept. 11 terrorist attacks. But frustration about terrorism and other threats shouldn’t be allowed to spill over in the workplace, especially if another staff member is unfairly singled out for abuse based on nothing more than his national origin or religion.

Employers can’t be casual about harassment

04/01/2015
By definition, sexual harassment investigations require a strict level of professionalism that may be at odds with the modern blue jean-clad, open floor plan office. Employees may be reluctant to rat out a co-worker, even if he is a harasser.

NLRB tries to get to ‘yes’

03/29/2015
Lauren McFarran, the National Labor Relations Board’s newest member, wants to dispel a misconception about how the controversial agency’s members work together.

Watch out, boss! You can be sued separately

03/27/2015
Generally, all claims arising out of the same set of facts must be brought in one lawsuit. However, in limited circumstances, it’s possible for an employee to file separate lawsuits against their employer—and their supervisor!

Could you be liable for third-party harassment?

03/27/2015
There is only one boss. The customer. But what if the customer or another outsider is harassing one of your employees? Can your organization be held liable?