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Employment Law

Overqualified or too old? Firm must answer to EEOC

12/03/2012
The EEOC is suing Amerisource-Bergen Corp., claiming the pharmaceutical distributor violated the Age Discrimination in Employment Act when it failed to hire a 60-year-old man for a telecom manager position.

Pregnancy discrimination: You may be personally liable

12/03/2012
Here’s a good reason to make sure pregnant employees don’t experience bias: The Pennsylvania Human Relations Act protects against pregnancy discrimination and holds personally liable anyone who aids or abets discriminatory practices.

Why you must retain applications and résumés

12/03/2012
It isn’t unusual for disappointed applicants to file frivolous failure-to-hire lawsuits. Your best shot at a quick dismissal is proof that the applicant wasn’t qualified. An application or résumé can do that.

Warn bosses: Don’t say anything about medical conditions that may be covered by FMLA

12/03/2012
Making comments about someone’s illness is both rude and unprofessional. It may also be the basis for a lawsuit. That’s reason enough to warn supervisors and managers against discussing medical problems related to FMLA leave

Single crude incident doesn’t warrant lawsuit

12/03/2012
Sometimes, supervisors say stupid things. But unless a statement or action is outrageously offensive and clearly related to an employee’s race, ethnicity, sex or other protected category, it isn’t grounds for a harassment and discrimination lawsuit.

Knocked down, BP pitcher throws Phillies a legal curve

12/03/2012
When the 2011 baseball season ended, Philadelphia Phillies General Manager Ruben Amaro fired Ali Modami, the team’s batting practice pitcher. Now Modami has filed a $100,000 defamation suit against Amaro and the team.

Ask EEOC to keep employee info confidential

12/03/2012

If you ever have to face off against the EEOC in court, watch out! The commission has great discretion to expand a case that may have begun with just one employee. In doing so, it may demand a long list of information about your employees, past and present. Before turning over employee information to the EEOC, ask the court to order confidentiality.

Curb harassment with policy, prompt action

12/03/2012

You can’t control everything that happens in the workplace. Despite your best efforts, a supervisor might still harass your employees. That doesn’t mean you’re defenseless. A good sexual harassment policy, thorough training for everyone and prompt action can save the day.

Workplace romance gone bad? Don’t hesitate to terminate if you perceive danger

12/01/2012
Not every romance ends happily ever after with a storybook wedding. But with the passage of time, most breakups don’t leave a lingering mess. That’s not necessarily true of workplace romances gone sour, where the former love birds may remain in regular contact with each other.

Go ahead and trim the tree–while keeping your party liability-free

12/01/2012

The holiday spirit is spreading! A new survey shows that more than 83% of employers are planning year-end holiday parties this year, up from 68% in 2011. But for us worrywarts in HR, all that good cheer means more fretting about alcohol-fueled liability. Here are 12 tips for making spirits bright without having to call a lawyer — plus a rundown of the 10 worst workplace party fouls.