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Employment Law

EEOC dragging its feet? Seek lawsuit dismissal if delay hurts your ability to defend yourself

08/28/2012

If the EEOC takes too long to investigate a case and initiate a lawsuit, a court may toss it out. Although technically the EEOC has unlimited time to sue, as a ­practical matter employers can get cases dismissed if they can show undue delay and that the delay hurt their ability to come up with a defense.

Sexual harassment within HR demands alternative reporting system

08/28/2012
No department is immune from sexual harassment—not even HR. And when someone in HR is implicated, that’s a big problem.

Goodyear settles suit alleging disability bias in Fayetteville

08/28/2012
Goodyear Tire & Rubber Co. has paid $20,000 to a former employee at its factory in Fayetteville who claims she was fired because of a medical condition.

Remind bosses: No comments about ethnicity

08/28/2012
There are some things supervisors just shouldn’t say even in jest—including anything concerning race, national origin or any other protected characteristic. Comments on those topics regularly come back to haunt employers when employees file discrimination lawsuits.

Ensure business need for literacy requirement

08/28/2012

Do you require basic literacy for every job? If so, the EEOC may soon be knocking on your door. The agency has just won the right to rifle through an employer’s files for job descriptions to justify a broad literacy requirement.

How to change pay scales without triggering age bias suits

08/24/2012
If you are contemplating changing your compensation structure to re­­flect today’s lean job market, do so carefully—especially if you suspect you may be overpaying some senior employees for the work they do.

OK to pay overtime to salaried supervisors?

08/23/2012

Q. Our company pays overtime to salaried supervisors for hours they work over 40 in a week. I have never heard of this compensation practice. Is it legal?

Is it legal to terminate a highly paid employee just because he earns so much?

08/23/2012

Q. We need to cut costs, and have started to explore trimming our staff, starting with those who earn far more than other employees. Are there any dangers in doing so? Can we legally fire a high-earner because of his salary?

‘Textual’ harassment? OMG! Develop policy B4 you face lawsuit

08/23/2012
One of the most dangerous smartphone functions (from the employer perspective) is also one of the simplest: sending text messages. Considering the rise in harassment claims based on texts, employers should develop policies addressing textual harassment in the workplace.

EEOC forces cardiologists to have change of heart

08/23/2012
A Western Pennsylvania cardiology practice has agreed to settle EEOC sexual harassment charges alleging that its doctors routinely made sexually offensive and debasing comments to women who worked there.