The HR Specialist: Pennsylvania Employment Law

The ADA makes it illegal to discriminate on the basis of a covered disability or to discriminate because of a perceived disability. An employer’s belief that an applicant or an employee has a disability—even if she does not—is enough to trigger liability if the employer acts on that belief and refuses to hire or discriminates based on the perceived disability …

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By now you know that employers can’t fire or otherwise punish employees because they’re pregnant. But what about employees who choose to have an abortion? Make sure your supervisors know it’s illegal to discriminate against them, too.

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Employees who are approved for Social Security disability payments sometimes think that automatically means they’re also deemed “disabled” under the ADA, which requires their employers to offer “reasonable accommodations.” But that’s simply not true …

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Employers that take the time to create good paper trails seldom lose discrimination lawsuits. Those who can show the rationale behind a decision find that few employees can come up with anything to counter that rationale …

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Employers that come down hard on employees who have just requested FMLA leave are looking for trouble—especially if the employee was performing well until recently. The timing will look suspicious …

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Sometimes injured employees need more time off than the 12 weeks allowed under the FMLA. In such cases, they often ask their employers to allow them to return to their jobs with reasonable accommodations under the ADA. That may be true if their conditions are permanent, but not if their conditions are merely temporary. Employers can deny requests without violating the ADA …

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Employees who take FMLA leave are entitled to return to their same jobs (or substantially equal ones) after leave ends. But what happens if employees can’t return to their same jobs because they aren’t completely well or able to do the same duties they did before?

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Official class notices were sent out in June to 27,165 present and former FedEx delivery drivers in the multidistrict lawsuit challenging the company’s independent contractor model. The court certified class-action status for drivers from 19 states, including Pennsylvania …

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A former McDonald’s employee is suing the Oak Brook, Ill.-based company for permitting sexual harassment at a Pittsburgh restaurant. Vonda Jackson alleges that an assistant store manager touched her inappropriately …

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Timothy Walker was hired in 1995 at the Lafayette, Ind., plant of Alcoa Inc., based in Pittsburgh. Walker also served as a pastor at an area church. In May 1998, when he was appointed head pastor, Walker asked to be excused from work on Sundays …

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