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Employment Law

OSHA inspector’s drive-by results in six-figure fine

06/28/2012
A random coincidence has resulted in a costly fine for a Lancaster County construction firm. OSHA cited Quality Stone Veneers for eight safety violations after an OSHA inspector noticed substandard scaffolding when he drove by a residential construction site.

Workers’ comp: OK to require immediate accident reports

06/28/2012

Under the state’s workers’ compensation law, Pennsylvania employees have 120 days to report workplace injuries to their employers. But em­­ployers are free to require more immediate reports. Firing the employee for breaking a timely accident reporting rule doesn’t violate the law.

Race differences alone won’t prove discrimination

06/28/2012

Some employees attribute perfectly reasonable actions to race dis­crimination just because the ­decision-maker happens to belong to a different protected class. Fortunately, courts usually quickly dismiss such cases.

No need to investigate harassment complaints clearly not covered by anti-discrimination laws

06/28/2012
Here’s a reminder for harried and overworked HR professionals: Even if your anti-harassment policy states that you will investigate all harassment complaints, you don’t have to drop everything to chase down clearly meritless allegations.

Management commits gross bias error? Fast action can stop employee’s lawsuit

06/28/2012

Sometimes, supervisors make dumb mistakes—for example, telling an employee that she won’t be transferred to another office because the people there don’t like co-workers of her ethnicity. If you learn of such bone-headedness, fix the problem fast.

Prepare for the ADA long haul: Disability accommodation isn’t a one-time event

06/28/2012

Disabled employees who need reasonable accommodations are entitled to what the ADA calls the interactive reasonable accommo­­dations process. What exactly that means varies by the individual and may change over time. Employers that consider the interactive process as a one-time thing may end up in court.

Pennsylvanians filed slightly fewer EEOC charges in 2011

06/28/2012
Pennsylvanians filed 4,302 EEOC discrimination and retaliation complaints in fiscal year 2011—406 fewer than in 2010 but still up sharply from the 3,448 complaints filed in 2009.

Warn bosses: Don’t discuss bias complaints

06/28/2012

When employees face discipline (or fear they might be punished soon), they’ll often file a preemptive EEOC complaint. Then, when discipline comes down, they argue that it was in retaliation for complaining. To make such a case, an employee must show that the people involved in the discipline knew about the complaint. If they didn’t, there can be no retaliation.

Act fast on racist talk, before it poisons work

06/28/2012
Employers usually won’t lose a law­­suit over just one racially hostile incident unless it’s particularly severe. But it’s a spectacularly bad idea to ignore that first incident. Do your organization a favor: Crack down ASAP as soon as you learn of workplace racism.

Medical marijuana: ADA protection up in smoke

06/28/2012
A recent court ruling in California confirms that the Americans with Disabilities Act does not protect the right of disabled employees to use medical marijuana, even if it’s prescribed by a doctor. Reason: The ADA specifically notes that a person with a legally protected “disability” does not include someone who is currently using illegal drugs.