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Employment Law

Prepare to justify policy barring former criminals

05/01/2007

Does your organization have a blanket policy of refusing to hire applicants with criminal records? If so, make sure you can explain exactly why. Because minority applicants may be statistically more likely to have criminal records, requiring a clean criminal-record history may have a disparate impact on a protected class and violate Title VII …

Nursing mom protected from discrimination? Maybe

05/01/2007

Some new mothers returning to work after giving birth request time off during the workday to express and store breast milk. Some states have passed specific laws protecting nursing women from harassment and discrimination …

You can force ‘Fitness for duty’ exam with good reason

05/01/2007

It certainly shouldn’t be a routine practice, but you can require employees to undergo “fitness for duty” examinations. The trick is knowing exactly when and why such an exam is legal—or not …

Warn managers not to advise employees on litigation

05/01/2007

Too many managers and supervisors offer unsolicited advice to employees who’ve filed discrimination complaints. The suggestions usually include being more of a “team player” and “not rocking the boat.” Tell managers such “helpful” career tips can backfire badly …

Investigate claims to tackle harassment head-on

05/01/2007

When it comes to co-worker sexual harassment, it’s not enough to “fix” the problem by transferring the harasser. If you don’t also investigate the underlying complaint, expect a lawsuit when the harasser strikes again …

At-Will exception protects employees who refuse illegal order … if it’s actually illegal

05/01/2007

It’s illegal to fire an employee because he or she refuses to engage in illegal conduct. But this is a very narrow exception to the general rule of at-will employment …

Consider consulting an attorney before stating why you terminated an employee

05/01/2007

If you’re about to fire an employee for misconduct, think about consulting an attorney before you commit the reason to writing. Sometimes no reason is better than one that could trigger a discrimination lawsuit …

Lead exposure lands Bethlehem companies over $100,000 in fines

05/01/2007

OSHA fined Bethlehem-based Brey- Krause Manufacturing Co. and L.M. Smoyer Brass Products more than $109,000 for violations in a shared foundry area …

H-1B visa cutback strands companies seeking foreign workers

05/01/2007

Many companies this spring scrambled to get a hold of their share of highly skilled foreign workers through the federal H-1B visa program …

Miner’s death was preventable

05/01/2007

The U.S. Labor Department’s Mine Safety and Health Administration recently published the results of its investigation into a fatal October accident at an underground anthracite mine operated by R&D Coal Co., Inc. in Schuylkill County …