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Employment Law

Change in grooming policy triggers religious bias suit

06/02/2014
A long-time security guard in the Philadelphia School District has filed a religious discrimination suit following the district’s decision to change its grooming policy. The new policy says male employees’ beards can be no longer than a quarter of an inch.

Federal judge strikes down Pa. state ban on same-sex marriage

06/02/2014
Citing last June’s U.S. Supreme Court decision in Windsor v. US, federal district judge John E. Jones has invalidated Pennsylvania’s ban on same-sex marriage. The decision could eventually force employers to revamp benefits programs to include employees’ same-sex spouses.

Employer gets to choose ADA reasonable accommodation

06/02/2014
Sometimes, there are several ways to  accommodate a disabled employee. As long as the one the em­­­­ployer chooses is reasonable, the employee can’t claim an ADA violation.

State employees can’t double-dip on FMLA claims

06/02/2014
Good news for state agencies: If a terminated employee requests a hearing before the Civil Service Commission and later files an FMLA claim in Commonwealth Court, he can’t also file a federal FMLA claim.

Think carefully about how work restrictions will play out following FMLA leave

06/02/2014

What do you do if an employee has used up her FMLA leave and her doctor has placed limits on the kind of work she can do? It’s fine to let her return with the restrictions. You won’t later lose an FMLA retaliation case for placing her on light duty.

Man who refused to join in harassment of women has his own sexual harassment claim

06/02/2014
Here’s yet another reason to stop employees who sexually harass female co-workers, subordinates or customers: Men who work in that environment but refuse to join in can also sue for sexual harassment. It’s not just the harassed women who have claims.

Bias calendar doesn’t care about indecision

06/02/2014

Employees have to file EEOC complaints within 300 days of alleged discrimination or lose the right to sue. Similarly, they have to file state claims within 180 days of the alleged discriminatory act. If they miss those deadlines, they can’t sue. Repeatedly changing one’s mind about a situation involving an allegedly discriminatory act doesn’t extend or revive the deadline.

Alert managers to new personal liability risks

05/29/2014
No longer are lawyers filing lawsuits containing one simple claim. Instead, you’re more likely these days to face a complaint with several claims, including charges that target executives and supervisors separately and personally.

Employers and SOX retaliation: Prepare for a legal long haul

05/28/2014
Employers defending against Sarbanes-Oxley Act (SOX) whistle-blower retaliation claims should be prepared for a long and tough litigation process. A recent district court decision out of Texas vividly illustrates how long a haul it might be.

Age bias charges filed in wake of academic split

05/28/2014
When Texas Southmost College and the University of Texas-Brownsville ended their affiliation, administrators faced some tough decisions. According to three new lawsuits, they didn’t choose wisely.