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Articles Posted in Pennsylvania

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Know when to fold em, but, especially when you get fired for posing at work in KKK garb and makeshift crosses

I did very good well on my math SATs. But, here’s some simple math: Fired for posing at work in KKK garb and makeshift crosses + Meyer’s blog fodder = Don’t appeal your race discrimination loss Welp, the Caucasian plaintiffs in this case doubled down on stupid and lost at…

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3d Cir: No serious health condition? No problem. You too may have FMLA rights.

  Yep, in this precedential opinion, the Third Circuit Court of Appeals created a Family and Medical Leave Act loophole that could protect “the most frivolous leave requests.” Folks, if your business is covered under the FMLA, and you’ve ever had to deal with a questionable medical certification for an employee’s serious…

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Your employee has a fragrance allergy. What does the ADA require you to do?

This can be a really difficult situation. Just ask a local Pennsylvania employer. In Brady v. United Refrigeration, Inc. (opinion here), the plaintiff suffered from heightened sensitivity to perfumes, fragrant chemicals, and lotions. After she told her employer, the company attempted a number of accommodations: Purchased a portable air cleaner for use…

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Can you smack your sexual harasser, complain, and still claim retaliation?

Not exactly a happy workplace trinity, but it’s what fuels The Employer Handbook. That and Jolt-Cola Bombs. The plaintiff  in this case claimed that she was sexually harassed by her male supervisor for over a year. The court’s opinion details alleged comments and groping in vivid detail.  (No recap here. I plan to keep my…

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The pharmacist who refused to give flu shots lost his age discrimination claim

In a world, where an employee cannot prove age discrimination after getting fired for playing golf during his medical leave, comes the story of a pharmacist *** dramatic pause *** who wouldn’t give flu shots. While we wait for Hollywood to greenlight this movie — I’m thinking Gary Oldman as the pharmacist and…

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Consider requiring your new independent contractors to release employment claims

What the hell are you talking about, Eric? Why would we make an independent contractor sign a release of employment claims before starting work for our company? So glad you asked. Although, I’m not sure I like your tone. *** takes pills *** Many years ago, Allstate Insurance restructured its business,…

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Read this before you revoke a job offer in Pennsylvania based on criminal history

Across the country, many states and localities have enacted ban-the-box legislation. In a nutshell, ban the box means that employers cannot inquire about an applicant’s criminal history until after the first job interview. For example, Philadelphia has ban the box. The Commonwealth of Pennsylvania does not. Still, Pennsylvania does have…