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Employment Law

Use objective, easily measurable standards to gauge employee performance

03/01/2010

Most jobs can be quantified. That is, it’s possible to measure success on the job by tallying how much an employee produces in a given period—whether that’s widgets, reports, new clients or sales. By using such objective measures to decide who is terminated, employers have powerful evidence to counter discrimination claims.

When supervisor’s harassment is serious, make sure the punishment fits the crime

02/26/2010

Employers that don’t take swift action when they learn of possible harassment have only themselves to blame. Being too timid when it comes to punishing the supervisor is not a good idea. Whatever you do, don’t even think about transferring the harassed subordinate into a position with fewer responsibilities. Instead, move the harasser—or even terminate him.

Don’t let supervisor punish employees who cooperate in investigation

02/26/2010

If you discipline a supervisor for discrimination, make sure you can reassure employees who cooperated in the investigation that the supervisor won’t turn around and punish them.

The HR I.Q. Test: February ’10

02/25/2010

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

ADA: Use these criteria to keep courts from second-guessing job’s ‘essential functions’

02/25/2010

The ADA requires employers to try to find reasonable accommodations so disabled employees can perform the essential functions of their jobs. It’s up to employers to determine which functions are essential. Courts rarely second-guess employers that follow a few simple rules when a disabled employee challenges the employer’s list of essential functions. Here are the factors courts consider:

No special treatment required for pregnant employees

02/25/2010

Pregnant employees aren’t entitled to special treatment. Employers just have to treat them the same way they do other employees. If you don’t allow other employees to take leave or be placed in light-duty positions, then pregnant employees aren’t entitled to such privileges either.

Tell managers: No campaign to ‘get’ employee allowed

02/25/2010

Looking to get sued? Just throw the book at an employee whom you would just as soon see resign. That’s especially true if she has just engaged in some form of protected activity like asking for FMLA leave.

Alphabet soup of charges against US Airways in Philly

02/25/2010

The Philadelphia branch of the NAACP has sued US Airways, alleging a pattern of discrimination in employment and job assignments at the Philadelphia International Airport. The complaint alleges the airline assigns workers based on race and uses racially charged derogatory terms for gate-ticketing assignments.

They’re not too old to spend $6.2 million

02/25/2010

Two scientists fired from the Valley Forge chemical company PQ Corp. are millionaires following a federal jury’s verdict in their age discrimination lawsuit. The two, a 60-year-old woman and a 56-year-old man, filed age bias charges against PQ after the company implemented a mass layoff in 2005. The scientists alleged that all of the employees laid off were over age 55.

Horsham software firm settles age bias suit for $175K

02/25/2010

Astea International has agreed to settle an Age Discrimination in Employment Act (ADEA) lawsuit for $175,000. The EEOC brought the suit on behalf of 47-year-old Frank Fesnak, who was fired from his position as the Horsham-based company’s vice president of strategic alliances.