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Employment Law

Disabled employee does job successfully? Then no ADA accommodation is required

05/01/2014

Under some limited circumstances, employers may be obligated to suggest reasonable accommodations for struggling workers who have obvious disabilities that appear to interfere with their ability to perform essential job functions. But that’s really only true for em­­ployees whose disabilities are obvious and limit the employee’s ability to speak up for himself.

Beware lawsuits from contract workers, too

05/01/2014
Some employers mistakenly believe that having employees work on a contractual basis will save them from litigation. If they decide not to renew the contracts of workers considered “trou­­blemakers,” they figure they can avoid being sued. That’s a big mistake.

Worker refuses to follow directions? OK to fire

05/01/2014
Employees don’t have the right to decide which directions they must follow. Unless there are clearly extenuating reasons (safety concerns, for example), you can and should discipline workers who refuse to cooperate.

In Philly, ‘Pete’s Tax’ refund to employees: $8.5 million

04/30/2014
The Philadelphia-based Chickie’s and Pete’s sports bar and restaurant chain has agreed to settle charges it stole tips from employees and failed to pay the federal minimum wage.

Judge dismisses race bias complaint against college

04/30/2014
A federal judge has agreed to dismiss racial discrimination claims leveled against the Harrisburg Area Com­­mu­­nity College by a black woman who was twice turned down for a position as vice president.

Warn bosses against publicizing FMLA leave

04/30/2014
It’s up to employees to decide how much they want to divulge to co-workers about their FMLA leave. Warn bosses never to discuss an FMLA request with those who don’t need to know about it.

Providing additional leave? Employee loses some rights

04/30/2014

Sometimes, employees with serious medical conditions need more than 12 weeks of FMLA leave to fully re­­cover. Employers that choose to provide more leave or determine that it would be a reasonable accommodation to do so can extend the time off. But the employee loses some rights in the move.

ADA: Minor complications following surgery don’t add up to a disability

04/30/2014
When someone has surgery or undergoes extensive medical treatment, it’s fairly common to have temporary and lingering problems with energy levels, memory and general feelings of wellbeing. But these don’t make the employee disabled under the ADA.

ADA disability: Always allow for individualized assessment of employee’s condition

04/30/2014
Disabled employees are entitled to individualized assessments of their limitations so em­­ployers can determine if a reasonable accommodation is possible. It’s crucial to be flexible.

Pennsylvania among top 10 states for 2013 EEOC charges

04/30/2014
Ten states—mostly home to the nation’s largest cities or located in the South—accounted for 56% of all EEOC charges filed in 2013. Penn­­syl­­vania logged the seventh highest total.