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Employment Law

Transgender people are protected under job discrimination law, says EEOC

04/25/2012
In what transgender groups are labeling as an “historic” and “landmark” ruling, the EEOC said on April 20 that job discrimination against an employee or applicant based on the person’s gender identity is unlawful under the the federal job discrimination law …

Does USERRA require preferential treatment for veterans?

04/24/2012
For years, employers have struggled with how to re-­­­­­­­employ soldiers whose military duties have required them to be absent from work. The key question: Does the Uni­­formed Ser­­vices Employment and Re­­em­­ploy­­ment Rights Act (USERRA) make it mandatory to give rehiring preference to returning vets? Finally, courts have begun to bring clarity to the law.

Where can I find required posters?

04/24/2012
Q. We’ve received differing information on exactly what notices we’re legally supposed to post in our office. Where can I find a reliable listing?

How long before we should convert temp staff to employee status?

04/24/2012

Q. Is there a law (or advisable benchmark) regarding how long we can hire temporary staff before they must be either hired on a permanent basis or released?

Can FMLA leave cover routine tardiness?

04/24/2012
Q. Some of our employees routinely ask to use FMLA when they are five or 10 minutes late. It’s a scheduling nightmare and hurts morale. Does the FMLA cover employees who are consistently tardy?

After accident in company car, can we recover insurance deductible using payroll deductions?

04/24/2012

Q. We have a fleet of company cars. If an employee is at fault in an accident, is it legal for us to require reimbursement for the $500 deductible by reducing his pay over a period of three or four pay cycles?

Pittsburgh YMCA execs allege gender-, race-based pay bias

04/24/2012

Four female executives with the Pittsburgh-area YMCA are suing the nonprofit, claiming they are paid less than their male counterparts and in some cases, even less than their subordinates. The four all say the pay inequities are due to gender, and one contends race bias is a factor.

It’s not enough to require employees to report harassment

04/24/2012

Many employers have handbooks that tell employees they must immediately report any alleged harassment or discrimination. But reporting requirements alone isn’t enough. Employers must police workplaces for harassing or bigoted materials, and act immediately if they find anything.

Don’t ignore seemingly nonsensical complaint

04/24/2012

When an employee can’t find an attorney to take up her case, she may resort to filing a lawsuit herself. Her complaint won’t be professional and may be short on logic. That doesn’t mean you should ignore it.

When FMLA and ADA could be factors, consider both laws before denying return to work

04/24/2012
An employee who takes FMLA leave is entitled to return to his job (or an equivalent one) when his leave is up if he can perform that job without any accommodation. However, if the employee is disabled under the ADA, he may be entitled to a reasonable accommodation under that law.