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Employment Law

Bill would make it harder to file ADA accessibility lawsuits

04/03/2018
If enacted, H.R. 620 would require plaintiffs filing accessibility complaints under Title III of the ADA to first contact the business to provide them an opportunity to make repairs before any legal action is taken.

Snapshot: Disability discrimination charges, 2007 – 2017

04/03/2018
Annual EEOC disability discrimination charges, up 51% since 2007, reached a high of 28,073 in 2016.

2nd Circuit rules: Anti-gay bias is sex discrimination

04/03/2018
The 2nd Circuit joins the 7th Circuit in ruling that sexual orientation is protected from discrimination, a position contrary to that taken recently by the 11th Circuit.

Jenkintown, Pa. pub cooked books in addition to meals

04/03/2018
The owner of Drake Tavern in Jenkintown, Pa. will serve up $25,902 in back wages and an equal amount in liquidated damages to 50 employees after investigators from the U.S. Department of Labor’s Wage and Hour Division discovered that managers consistently altered employee time card.

Document details to show why discipline differed

04/03/2018
If you hand out different discipline for two employees who commit similar violations, make sure you document exactly why. That way, if you are later sued, you can explain the difference.

Court punts on blaming employer for subordinate’s bias

04/03/2018
The 3rd Circuit Court of Appeals, which covers Pennsylvania employers, has dodged deciding whether a subordinate’s bias can be imputed to the employer.

Documented facts, not mere allegations, are what it takes to win cases

04/03/2018
Employers that take the time to document poor performance with solid, objective facts rarely lose discrimination cases. That’s because being able to explain exactly why you had to terminate a worker for poor performance tends to show that discrimination probably wasn’t a factor.

Understaffed HR department is no excuse for flubbing FMLA compliance

04/03/2018
Is your HR office short-handed? That could spell big trouble, especially if supervisors have to handle personnel matters without HR’s help. Short-staffed or not, make sure bosses know they must consult HR on key employment law issues.

Beware backlash when blaming the victim

04/03/2018
Employee assistance programs can be useful for workers facing stress or other challenges. EAP counseling is supposed to be confidential, which means that, except under very rare and unusual safety-related circumstances, information uncovered by the EAP should never be used against the worker.

Surprise lawsuit? Check EEOC paperwork

04/03/2018
If your organization has been served with a discrimination lawsuit, one of the first steps you should take is to check any paperwork from the EEOC or other discrimination agencies. It’s especially important if you don’t recall a particular complaint, such as age discrimination or sexual harassment, having come up earlier.