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Articles Posted in Pennsylvania

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FACT OR FICTION: You can ban employees from consuming alcohol — even off the clock.

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” If you operate a business in PA, NJ, DE or the USVI, then the answer is yes. This is true…

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New Jersey Recognizes Same Sex Marriages – Why it Matters for Pennsylvania Employers

If only I had a hot tub time machine, I would have gone back a day and a half and scooped Phil Miles at Lawffice Space and posted “New Jersey Recognizes Same Sex Marriages – Why it Matters for Pennsylvania Employers” before he did. Except I didn’t. So read his…

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New PA bill would ban sexual orientation, gender identity discrimination

Twenty-one states and the District of Columbia have laws banning workplace discrimination in the private sector on the basis of sexual orientation. The Commonwealth of Pennsylvania, which currently bans discrimination based on sexual orientation and gender identity or expression in public employment, may soon become the latest state to ban…

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When it comes to ADA accommodations, reasonable is good enough

Under the Americans with Disabilities Act, an employer must make reasonable accommodation to the known physical or mental limitations of an individual unless the employer can show that doing so how cause it undue hardship. Generally, an employee will initiate the process by advising her employer that she is disabled…

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A woman sharing topless photos at work prolly isn’t an invitation to grope her

[Click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click, click,…

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It’s THIS easy to be considered disabled under the ADA

When the Americans with Disabilities Act Amendments Act went into effect in 2009, it significantly lowered the bar for proving a “disability.” How low did it go? [cue ironic music, you’ll see in a sec…] You’ll see how low when your employee — like you and I — suffers from “episodic” (that’s…

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YYYOUCH! Employee fired for refusing Brazilian wax claims sex discrimination.

You know, maybe I should have gone with the porta-potty-harassment post that I originally had planned for today. Nah. My analytics tell me that my best-received posts have a common theme: crotch and Brazil. Besides, everyone knows that nothing says Friday like a porta-potty post. Just wait ’til Friday. So…

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No non-compete in the offer letter, but here’s a way to enforce one…

You’re hiring for an engineer position. To assist, you engage a search firm, which finally locates an ideal candidate. After a telephone conversation, and a subsequent tour and in-depth interview, you know that you have the right person for the job. So, you prepare and send an offer letter. The…

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3d Cir: Obama NLRB recess appointments (Becker too) were unconstitutional

In a 2-1 decision issued today (copy here), the Third Circuit Court of Appeals ruled that the National Labor Relations Board lacked the authority to act as early as March 2010, when President Obama appointed Craig Becker to the Board. The Third Circuit held that Member Becker’s appointment to the…