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Discrimination / Harassment

Pittsburgh hospital hostile to the sick, EEOC lawsuit claims

10/22/2008

The EEOC has filed a lawsuit against LifeCare Hospitals of Pittsburgh, a pioneer in caring for those with long-term acute illnesses, for turning its back on an employee who developed cancer …

Johnstown-area workers tilt at Spanish windmill company

10/22/2008

Kevin Wagner, Paul McElhenny and Rick Williams are suing Gamesa/Fiberblade, a Spanish manufacturer of wind turbines, for allegedly replacing them with younger workers and those from Spain …

What can’t I ask job applicants?

10/22/2008

Q. What questions are off-limits on an employment application or when conducting a job interview? …

What constitutes a hostile environment?

10/22/2008

Q. What factors determine whether a work environment is hostile? …

Act fast and fairly to investigate when employee complains of hostile work environment

10/21/2008

No matter how hard you work to make sure your workplace is a model of fairness and civility, you can’t rule out the possibility that an employee will come to HR with a claim that she’s being forced to work in a racially or sexually hostile environment. How you handle that complaint may make the difference between nipping an ugly problem in the bud and paying a huge jury award.

Keep detailed records on disciplinary process

10/21/2008

Far too often, careless employers lose lawsuits they should have won, especially when it comes to terminations. Here’s why: Some fired employees will sue for discrimination, and they have to show that you treated them differently because of some protected characteristic such as race, gender or age …

The new ADA Amendments Act: What every employer should know

10/21/2008

The ADA Amendments Act of 2008 will become effective on Jan. 1, 2009. Now is the time to prepare for the impact. The new law effectively broadens the scope of protection offered by the ADA, which Congress found to have been narrowed in recent years by various U.S. Supreme Court decisions and EEOC regulations.

Slurs, ‘code’ can create hostile environment

10/20/2008

Just one incident of name-calling or behavior that could be interpreted as racist—if sufficiently severe—might be enough to color other incidents in a racist light. And if a complaint leads to court, that may mean the harassed employee could get a chance to show a jury just how unpleasant co-workers made his life.

Use arbitration agreement to limit time to sue

10/20/2008

If you use a mandatory arbitration agreement, you may be able to set a relatively short deadline for employees to bring discrimination claims …

Cash-balance pension plans don’t violate ERISA rules

10/20/2008

A cash-balance pension plan is one in which the employer contributes a set amount each month on behalf of an employee. The employee eventually collects pension benefits based on the cash balance in his or her account. Some employees have claimed that such plans favor younger employees and therefore are illegal …