Monthly Archives: March 2010

IS REJECTING AN APPLICANT BECAUSE OF CRIMINAL HISTORY UNLAWFUL DISCRIMINATION?

According to the Pennsylvania Human Relations Commission (PHRC), it could be.

The PHRC recently proposed “Policy Guidance” essentially indicating that any employer who rejects an African American or Hispanic applicant because of a criminal record will be presumed to have discriminated against the applicant in violation of the PA Human Relations Act.

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THE TEN COMMANDMENTS OF DRAFTING A SOCIAL NETWORKING POLICY

You’ve probably heard this “fact”: if Facebook was a country, it would be the fourth largest country in the world! Web 2.0 has infiltrated every aspect of our lives, including the workplace. As a result, most lawsuits in which employers become mired are fraught with electronic data issues. To guard against a wide range of legal claims, as well as reap the benefits of a global marketplace, many employers are instituting social networking policies. But, as with any policy, a social networking policy must be carefully drafted to meet your business needs. With that, I introduce to you the 10 Commandments of drafting a social networking policy:

DEPRESSED ABOUT FACING MORE DISABILITY CLAIMS UNDER THE ADAAA? AT LEAST IT’S NO LONGER WINTER

In January of 2009, the Americans with Disabilities Act Amendments Act (“ADAAA”) went into effect and significantly changed the disability and accommodation environment for employers.

Previously, it wasn’t always easy for Plaintiffs to prevail in cases alleging disability discrimination, either because of mitigating measures, because a condition was episodic, because the condition didn’t substantially limit a major life activity (as the Americans With Disabilities Act requires) or for some other reason.

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