Category Archives: Human Relations

IN PENNSYLVANIA, OFF-COLOR COMMENTS MAY CREATE MORE LIABILITY THAN A SEXUAL HARASSMENT CLAIM

Despite the “#MeToo” Movement, it’s still not uncommon for workers to make comments concerning a co-worker’s sexual practices. Nor is it uncommon for employers to successfully defeat sexual harassment claims based on such conduct by citing the well-established case law that discrimination statutes do not mandate a pristine work environment – shop-talk is not actionable.  Read More »

TICKET TO RIDE: MUST EMPLOYERS REASONABLY ACCOMMODATE?

Suppose you have an employee who claims he is too large for a regular airline seat, so when you send him to travel on company business, he wants first-class tickets to accommodate his larger size. Can you tell the employee that he must fly on company business in standard seating? Read More »

ANTI-DISCRIMINATION LAWS STILL NOT CONSIDERED CODES OF “GENERAL CIVILITY”

California’s intermediate appellate state court recently ruled in Terris v. County of Santa Barbara that a county employee failed to demonstrate that alleged vulgar, derogatory remarks about homosexuals made by her former employer’s CEO were connected to her termination of employment.  As a result, the court upheld summary judgment in favor of the employer and against the former employee in her wrongful termination action.  Read More »

SEXUAL ORIENTATION DISCRIMINATION UNDER TITLE VII RECOGNIZED IN WESTERN DISTRICT OF PENNSYLVANIA SUIT

The area of LGBT rights in the workplace has garnered a great deal of attention in recent years as a split has grown among the courts and among federal agencies as to whether Title VII prohibits sexual orientation discrimination. Under the Obama Administration, the Department of Justice argued that Title VII’s prohibition on sex discrimination also included sexual orientation and gender identity.  Recently, however, the Trump Administration’s Department of Justice filed an appellate brief in the Court of Appeals for the Second Circuit in which it argued that Title VII does not apply to sexual orientation. Read More »

WILL THE FRAMEWORK OF LAWS THAT GOVERN WELLNESS PROGRAMS CHANGE ONCE AGAIN? TAKE TWO ASPIRIN AND CALL ME AFTER MARCH

Wellness programs in the workplace are generally based on the belief that as employees lose weight, stop smoking, eat more healthfully, and lower their cholesterol, their employer will reap a drop in absenteeism and health care costs. With that hope in mind, employers are often willing to offer a financial reward to encourage employees’ participation.  The Equal Employment Opportunity Commission (“EEOC”) has long been concerned about whether the financial reward offered makes such wellness programs “involuntary” such that the wellness programs fail to comply with the Americans with Disabilities Act (“ADA”) and/or the Genetic Information Nondiscrimination Act (“GINA”).  Previous S&J blog posts have reported the EEOC’s actions with respect to wellness programs over the years, including the EEOC’s issuance of final ADA and GINA regulations addressing wellness programs.  Those regulations have been challenged in court by the AARP, and you can expect changes in the regulations as a result.  This post will bring you up to speed on the litigation and what you should watch for going forward.  Read More »

EMPLOYED OR SELF-EMPLOYED

Pennsylvania’s Commonwealth Court recently issued an opinion, which, while arising in the unemployment compensation arena, may have broader implications for today’s contingent workforce. In Lowman v. Unemployment Compensation Board of Review (January 24, 2018), the Court was called upon to decide whether a claimant, who had been laid off from his job as a behavioral health specialist, engaged in self-employment by becoming a driver for Uber. To perform his duties for Uber, the Claimant used his own phone and car, paid for all related expenses (fuel and maintenance), had to have insurance, a driver’s license, and vehicle registration, set his own hours, could refuse assignments, and could drive for others. Additionally, he earned approximately $350 per week, showing a frequent and prolonged relationship with Uber—not occasional and limited to earning some extra money on the side. Read More »

MOONLIGHTING WHILE ON FMLA LEAVE

I was recently asked if an employer may require an employee who was taking leave under the Family and Medical Leave Act (“FMLA”) to return to work after the employee was seen working his second job—refereeing school basketball games—while on leave. In this particular case, the employee was taking FMLA leave to care for his daughter, who had a serious health condition.  Read More »

STRANDED IN A WINTER WONDERLAND: COMPENSABILITY OF TIME FOR EMPLOYEES STUCK AT WORK

Like it or not, winter is upon us as the calendar rolls into February, and Jack Frost is constantly lurking around the corner. In this space, we’ve talked about  pay issues under the Fair Labor Standards Act (“FLSA”) when employees can’t make it to work or the business must close.  On the flip side, however, some businesses, such as healthcare entities, provide critical services and often have no choice but to remain open to the best of their ability when winter strikes.  Read More »

START OFF THE NEW YEAR WITH A BANG (NOT A BUST)!

It goes without saying that the New Year is a time for fresh starts in life, and the same is true for management of your workplace. The New Year is a great time for getting on, or staying on, the right track and making your workplace one that is productive and safe.  Read More »