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August 2013
NURSING
MOTHERS
in the
WORKPLACE
NURSING
MOTHERS
in the
WORKPLACE
PROTECT
Yourself LEGALLY
PROTECT
Yourself LEGALLY
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PinnacleHealthSurgical Associates
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endoscopy and wound care.
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Find out more by visiting us on the web and viewing our physician profiles at pinnaclehealth.org/general-surgery.
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694 Good Drive, Suite 23
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(Adjacent to Women & Babies Hospital)
Dr. Sadiya Cheshty of RGAL is board
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To schedule an appointment
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3
4 LETTER FROM THE EDITOR
7 SUCCESSFULLY NAVIGATING THE FMLA
The rules and regulations you should know.
9 NURSING MOTHERS ARE PROTECTED IN THE WORKPLACE
The Affordable Care Act of March 2010 gave nursing moms federal backing.
11 WILL A NON-DISCRIMINATION POLICY PROTECT YOUR BUSINESS?
What can and can’t happen if an employee feels discriminated against.
14 WORKPLACE SUPPLIES GO SUSTAINABLE
More products are manufactured from recycled materials.
16 WOMEN–PROTECT YOURSELF LEGALLY FOR LIFE
Some guidance on being and staying successful.
20 NO ‘ONE-SIZE-FITS-ALL’ APPROACH TO MENOPAUSE
The many options to go about winning your fight against “the big M.”
22 WOMEN TO WATCH
New hires and promotions.
22 ACHIEVEMENTS & APPLAUSE
Awards and accomplishments.
23 MEET AND GREET
Regional networking events and meetings.
WHAT’SInside
5 COVER STORY
Jennifer Gallia loves being an
attorney for Hershey Entertainment
& Resorts. Because of her drive,
enthusiasm, and initiative, the dream
of working for them became a reality.
She advises other women to “be
bold, have confidence, don’t limit
yourself — the possibilities are
endless.” Giving back to the
community is also important to
Gallia, who volunteers at the
Humane Society of Harrisburg Area.
BusinessWomanPA.com | August 2013 ~
22 offices to serve you in Central PennsylvaniaNorthwest Direct: 1-877-672-5678 • www.northwestsavingsbank.com
Business Banking
No matter what your business demands,Northwest delivers.
Cover photography courtesy of Revelation Photography, Carlisle.
entral Pennsylvania is a great place to
live, with an abundance and variety of
entertainment destinations. One place
that people come from all over the world
to visit is Hersheypark. It’s “where life is
just sweeter!” Jennifer Gallia’s life is
sweeter because she has the job she
aspired to since she was 7 years old—becoming an
attorney. She later narrowed that down
specifically to an attorney for Hershey
Entertainment & Resorts and realized
that position in 2001. Find out how her
dream became a reality.
Some of the issues we discuss in this
issue of BusinessWoman can very likely
affect our performance at work—the
Family Medical Leave Act (FMLA),
breastfeeding in the workplace, and
discrimination in the workplace.
Because women take a leave from
work to bond with their newborn
babies and they are also the
predominant caregiver, it is important
that you are familiar with FMLA and
your company’s policy. It allows
necessary time off while protecting
your job.
Make sure you are compliant with current breastfeeding
regulations. Although the requirements are not
outlandish, they are very real and gives the new mother
deserved privacy.
Discrimination comes in many forms. As an employee,
know what your obligations are if you are the receiver of
harassment or discrimination. As an employer, understand
the responsibility you have toward your employees. Do you
know who is sued when an employee feels harassed or
discriminated against? It’s generally not the offending
employee but rather the company. Find
out more.
This summer, like most summers,
has been extremely hot. Believe it or
not, though, menopausal women can
still have hot flashes. Although the
severity of the symptoms of menopause
affects each of us differently, learn how
women are finding relief.
Plans continue for our fall women’s
events: – POWERLUNCH Capital Region,
Cumberland County women’s expo,
and the Lebanon County women’s
expo. More information is included
inside. Please check them out.
Member Of:
BusinessWoman is published monthly by On-Line Publishers, Inc.,
3912 Abel Drive, Columbia, PA 17512, 717.285.1350. Copyright On-Line Publishers,
Inc. 2013. All rights reserved. Reproduction or use without permission of editorial or
graphic content in any manner is strictly prohibited.
Views expressed in opinion stories, contributions, articles and letters are not
necessarily the views of the Publisher. The appearance of advertisements for products
or services does not constitute an endorsement of the particular product or service.
Although every effort is made to ensure factual information, BusinessWoman cannot be
held responsible for errors in contributors’ material, nor does the editorial material
necessarily reflect the opinions of the publisher. On-Line Publishers, Inc. reserves the
right to revise or reject any and all advertising.
Subscription information: $14 per year for home delivery of 12 monthly issues.
Subscribe online at www.BusinessWomanPA.com or call 717.285.1350.
August 2013
Vol. 10 - No. 8
omanWcareer ~ lifestyle ~ wellness ~ connections
B U S I N E S S
EDITOR’SNote
“
For advertising information:
717-285-1350 or
info@businesswomanpa.com
C
” Christianne Rupp
Vice President and Managing Editor
Our doubts are traitors
and make us lose the
good we often might win,
by fearing to attempt.
~ Jane Addams
~ August 2013 | BUSINESSWoman4
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Editor MEGAN JOYCE
Contributing Writers LYNDA HUDZICK
STEPHANIE KALINA-METZGER
CIVIA KATZ
JODY A. LEIGHTY
JANE SCHUSSLER
A R T D E P A R T M E N T
Production Coordinator JANYS CUFFE
Production Artist RENEE MCWILLIAMS
Production Assistant JESSICA JOHNS
Web Development KAHLA LIVELSBERGER
P R I N T / O N L I N E S A L E S
Account Executives KARLA BACK
ANGIE JACOBY
VALERIE KISSINGER
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717.285.1350
EE-mail: info@BusinessWomanPA.com
Website: www.BusinessWomanPA.com
CA
REER
BusinessWomanPA.com | August 2013 ~ 5
hen Jennifer
Gallia of Hershey
Entertainment &
Resorts was only 7
years old, she started telling people that
she was going to be an attorney one
day.
“From that point on, everything I
did was done with the focus of going to
law school and being a lawyer,” she
said.
Born in Bethlehem, Pa., she
remembers that the justice system was
a frequent topic of conversation
growing up because her father was a
corrections officer. Her desire to make
a difference was encouraged by her
mother, an RN, whose work with many
challenging cases deeply impacted
Gallia.
She earned her associate’s degree in
liberal arts from Northampton
Community College and then
transferred to Moravian College, where
she earned a Bachelor of Arts in
political science and criminal justice in
2000. After graduating from Moravian,
she attended Widener University
School of Law.
Gallia believes that everything
happens for a reason, and so when she
couldn’t find a legal internship the
summer after her first year of law
school, she decided to take a job at The
Hotel Hershey as a concierge, a
decision that would strongly impact
the course of her life.
“As part of the training for the
position, I went on the Hershey Trolley
Works tour of Hershey,” she recalls.
“After hearing about the history and
amazing legacy of Catherine and
Milton Hershey, I knew I wanted to be
an attorney at Hershey Entertainment
& Resorts company (HE&R).”
While working at the Hotel
Hershey, a member of the management
team asked her what she wanted to do
after law school and “without any
hesitation, I said I wanted to be an
attorney for the company,” Gallia said.
“After my second year of law school,
I was again searching for a legal
internship, and I remember a classmate
of mine telling me ‘your’ job is posted
in the Career Development Office—
HE&R was hiring a legal intern for the
summer. I was so excited!”
During the interview, it was made
clear to her that HE&R was not
planning to expand their legal
department, and Gallia was told that
unfortunately, there was no chance of a
fulltime offer after her graduation from
law school. The summer passed, and
“as much as they kept trying to say
goodbye, I kept saying that this is just
goodbye for now,” she said.
As luck would have it, she ended up
working at HE&R as an intern
throughout her third year of law
school, and thus, knowing that she
would not be interested in working
anywhere else, she decided to boldly
draft a proposal to submit to the
general counsel explaining why
expanding the legal department—by
hiring her—would be a good idea.
“My persistence paid off, and I was
offered the position of staff attorney
when I graduated! I still can’t believe
that I have been a part of this company
since 2001 and been practicing law for
10 years.”
W
“”
Be bold, have confidence, don’t limit yourself—
the possibilities are endless.
COVERStoryCOVERStory
CA
REER
6 ~ August 2013 | BUSINESSWoman
Because HE&R owns and/or
manages a large variety of operations,
Gallia enjoys the fact that there is no
such thing as a typical day for her
because she has the opportunity to
provide all facets of legal counsel for
those various operations.
In a single day, “I could be assisting
with a customs issue, providing
counsel on a human resources matter,
and negotiating a ride purchase
agreement with an international
manufacturer,” she said.
Because the legal department is
small, they are constantly managing
multiple priorities.
“I would say the majority of my
time is spent reviewing and
negotiating a wide variety of contracts.
I also serve as the primary resource for
the company’s compliance with PA
liquor laws … and develop and
administer corporate policies and
compliance programs. I also assist
with our board of directors and
corporate governance matters and
with managing the company’s overall
involvement in Project Fellowship.”
Project Fellowship is a program
that pairs HE&R employees with
Milton Hershey School student homes.
“I am the team leader of an HE&R
Project Fellowship that is paired with
an elementary boys’ student home,”
Gallia said. “We regularly get together
with them and do a lot of fun
activities. The thing I think our boys
love the most is when we ‘show up’ and
go to their school activities … You can
see it in their faces—how much it
means to them to have people there
supporting them and cheering them
on.”
Connecting with the local
community is very important to
Gallia, and something she cares deeply
about is helping homeless animals.
Since 2004, when she first started
volunteering at the Humane Society of
Harrisburg Area (HSHA), Gallia has
known she has a passion for helping
animals and she’s been actively
volunteering there ever since.
She and her husband have two dogs
of their own that they consider part of
the family.
“It kills me to know that
approximately 6 to 8 million dogs and
cats enter animal shelters every year in
the U.S. and that approximately 3 to 4
million are euthanized,” she said.
“HSHA is an animal welfare
organization that serves Cumberland,
Dauphin, Perry, and northern York
counties. They take in more than 4,000
animals yearly, and like so many local
organizations, they rely solely on the
community for support.”
Gallia is a proud recipient of the
Tribute to Excellence Award for the
YWCA of Greater Harrisburg.
“This award has honored close to
500 women for their contributions to
the workplace and community and has
raised hundreds of thousands of
dollars to support YWCA programs
for women, children, and men,” she
said. “To me, this award took on even
greater meaning because I was selected
by my co-workers at HE&R. Needless
to say, I was so honored and humbled
to be selected to be our company’s
recipient of the award.”
Another source of great pride for
her is the fact that she was the first
female attorney at HE&R and is now
happy to share that the legal
department currently is made up of
three females and one male.
“I have always felt respected and
appreciated by employees at all levels
within our company,” Gallia said.
“HE&R is really a special place in that
it embraces not only women
throughout all ranks of the
organization, but has really created an
environment that welcomes all aspects
of diversity and inclusion.”
So what advice might this
successful attorney give to other young
women pursuing a dream?
“Be bold, have confidence, don’t
limit yourself—the possibilities are
endless,” Gallia said. “Develop and
maintain relationships, be resilient and
persistent, and remember whatever
you believe, if you work hard enough
and are committed enough, you can
achieve.”
And while she loves to be directly
involved in as many aspects of the
company as she can, Gallia has also
learned the art of letting go, and that is
advice she is also eager to share.
“I have grown so much personally
and professionally by learning that,”
she said. “I quickly learned early on in
my career that I cannot do it all, but I
have also learned that by letting go, I
get the opportunity to coach and
develop others to help them reach
their full potential.”
Jennifer Gallia, a staff
attorney at Hershey
Entertainment &
Resorts, has been a
part of the company
since 2001.
BusinessWomanPA.com | August 2013 ~
CA
REER
7
ongress passed The
Family Medical Leave
Act (FMLA) in 1993 in
an effort to protect
employees against job
loss due to illness. According to the
legislation, individuals can be granted
unpaid time off to care for a newborn
or themselves if they become ill or to
care for a spouse, son, daughter, or
parent with a health condition.
In 2008, military family leave
provisions were added.
“These provisions allow families of
National Guard and Reserve
personnel on active duty to take
FMLA job-protected leave to manage
their affairs deemed ‘qualifying
exigencies,’” said Angela Ward,
attorney at Lancaster-based law firm
Going and Plank.
“The rule defines ‘qualifying
exigencies’ as short-notice
deployment, military events, and
related activities; childcare and school
activities; financial and legal
arrangements; counseling; rest and
recuperation; post-deployment
activities; and additional activities
where the employer and employee
agree to the leave,” she said.
Under the FMLA, employees are
guaranteed that group health benefits
will remain unchanged and that they
can return to the same job, or an
equivalent position, at the end of their
leave.
The legislation, which celebrated its
20th birthday in February of this year,
was created by Congress to balance the
needs of employees and employers.
Since the law has undergone many
revisions since its inception,
navigating it can be tricky, and certain
conditions must be met before
employees can take advantage of the
legislation.
Employee Must Work for a “Covered
Employer”
Before an employee is entitled to
the benefits of the FMLA, he or she
must work for a “covered employer,”
which, according to the U.S.
Department of Labor, includes the
following:
• Public agencies, including local,
state, and federal employers, and
local education agencies (schools)
• Private-sector employers who
employ 50 or more employees for at
least 20 workweeks in the current
or preceding calendar year—
including joint employers and
successors of covered employers
Employee Must Have a History with
the Company
In order to take advantage of the
FMLA, employees must have clocked
1,250 hours of service before the leave
begins. According to Ward, these
1,250 hours include only those hours
actually worked for the employer.
“Paid leave and unpaid leave,
including FMLA leave, are not
included. Once those 1,250 hours are
established, then the employer must
provide the employee a total of 12
workweeks of unpaid, job-protected
leave in any 12-month period,” she
said.
For those individuals who may be
considering taking FMLA first and
saving their vacation and sick time for
the future, touching base with your
human resources department to learn
company policy is advisable before
putting any plans in motion.
“An employer may require the
employee to use accrued paid vacation
leave, paid sick leave, or family leave
for some or all of the FMLA-leave
period,” said Ward.
If employer policy does require that
leave be exhausted first, then the
employer is required to inform the
employee in writing of the policy.
Employee Responsibilities
What responsibilities do employees
have when preparing to take leave
through the FMLA?
“The FMLA requires that
employees provide 30 days’ advance
notice when the need is foreseeable,
and as soon as ‘practicable’ when the
need is unforeseeable. This generally
means verbal notice within at least one
or two business days of learning the
need to take the leave,” said Ward.
Employer Requirements
Ward suggests employers provide
workers with an employee handbook,
which explains paid time off/FMLA
guidelines.
“When an employee requests
FMLA leave, a separate, written notice
of the policy must be given to the
Successful ly Navigatingthe FMLA
By STEPHANIE KALINA-METZGER
C
employee. If the employer fails to
provide notice, the employee could
be entitled to 12 weeks of FMLA
leave, plus any eligible paid time off
accrued,” said Ward.
Furthermore, when an employee
requests FMLA leave, or the
employer acquires knowledge that
leave may be requested under the
FMLA, it is the responsibility of the
employer to notify the individual of
their eligibility within five business
days, absent extenuating
circumstances, according to Ward.
“The eligibility notice must state
whether the employee is eligible for
FMLA leave, and if the employee is
not eligible, it must state at least one
reason why the employee is
ineligible,” said Ward.
According to the U.S.
Department of Labor, FMLA notices
must also be posted summarizing
the provisions of the act and
informing employees on how to file
a complaint.
Although employers are entitled
to verify the legitimacy of FMLA
requests by requiring medical
certification, they must allow the
employee 15 days to produce the
documentation, according to Ward,
and such files must be kept
confidential.
She suggests employers keep a
single, separate, confidential medical
file containing both FMLA and ADA
medical information.
“Employers must understand the
confidentiality requirements under
these two regulations and other
bodies of law that apply to this
information. For example,
employers may not give supervisors
and managers unlimited access to an
employee’s medical files, although
they may give them information
concerning work restrictions and
accommodations.”
Keeping Up with the Changes
Keeping up with the changes in
the law is also essential for both the
employer and employees who may
take advantage of the law.
Stay up to date and informed by
periodically reviewing FMLA
information located at the U.S.
Department of Labor’s website at:
www.dol.gov/whd/regs/compliance/
whdfs28.htm.
CA
REER
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Owner and President
www.launchinglives.biz • 717-761-5457
1832 Market Street, Camp Hill PA 17011 • 50 Mount Zion Road, York PA 17404
Camp Hill: 717.730.984 • York: 717.718.1414
www.TheDrexelGroup.com
“
Under the FMLA,
employees are
guaranteed that group
health benefits will
remain unchanged and
that they can return to
the same job, or an
equivalent position, at
the end of their leave.
”
~ August 2013 | BUSINESSWoman8
CA
REER
9
or new moms, the
prospect of returning to
work after the birth of a
child is frequently met
with mixed emotions.
Some mothers are eager to return
to “the outside world” that exists
beyond the new-motherhood cocoon
of diapers and onesies. Others view
the prospect with trepidation, often
born of anxiety over how to blend the
demands of their newest and most
important role with the rigors of the
office workday.
And for mothers who would like to
continue breastfeeding their infant
after coming back to work, the
practicalities of maintaining their
supply of breast milk can be a bit
intimidating. Not only must nursing
mothers cart a host of breast-pump
supplies with them to their jobs, but
they must also find the time and
privacy to express milk multiple times
a day.
But as of March 2010 and the
passing of the Affordable Care Act,
nursing moms have federal backing.
The act included an amendment to the
Fair Labor Standards Act that requires
employers to allow reasonable break
time for nursing mothers to express
breast milk as frequently as needed—
usually two to three times per eight-
hour shift.
According to this “Break Time for
Nursing Mothers” section, employers
must also provide a private, non-
bathroom place for one year after the
child’s birth. This space must be
“shielded from view and free from
intrusion from coworkers and the
public.”
If an entire room is unavailable, the
employer can meet the requirement by
creating a temporary space with
partitions or curtains. Whichever type
of space is provided, the employee’s
privacy needs to be ensured by a lock
on the door or signage that indicates
the room/space is in use.
The nursing mother must also have
a place to sit (not on the floor) and a
flat surface on which to place the
breast pump. Ideally, the location
should have an electrical outlet so that
an electric pump can be plugged in.
Another question on new mothers’
minds is where to store their milk
once they’ve expressed it. Employers
are not required to provide a
refrigerator for nursing mothers, but
they are required to allow her to bring
the pump and an insulated food
container to work for expressing and
storing milk.
If there is a refrigerator available,
nursing mothers are permitted to store
expressed breast milk in it; breast milk
does not pose a safety hazard or
hygiene issue for other employees.
According to the Occupational Safety
& Health Administration, breast milk
does not qualify as a “potentially
infectious material,” nor is it
considered a bodily fluid by the
Centers for Disease Control.
An employer is not required to
compensate nursing mothers for
breaks taken to express milk; however,
if an employer already provides paid
breaks, an employee who uses that
time to pump must be compensated in
the same way that other employees are
compensated for break time. And, if a
nursing employee is not completely
relieved from duty during a break to
pump milk, she must be paid for that
time.
Companies with more than 50
employees “must comply with the law
without exception,” and although
exemptions for smaller companies are
possible, a business with fewer than 50
employees is not automatically
exempt.
The small-business employer
would need to first prove that
providing a nursing mother with the
necessary time and space to pump
breast milk would create an “undue
hardship” or lead to “significant
difficulty or expense when considered
in relation to the size, financial
resources, nature, or structure of the
employer’s business.”
An exemption would only be
granted as the result of an
investigation stemming from an
employee’s complaint; the Department
of Labor does not grant prospective
exemptions.
F
BusinessWomanPA.com | August 2013 ~
Nursing Mothers
Are Protected in theWorkplace By MEGAN JOYCE
“”
For mothers who would like to continue breastfeeding
their infant after coming back to work, the
practicalities of maintaining their supply of breast
milk can be a bit intimidating.
CA
REER
10 ~ August 2013 | BUSINESSWoman
CA
REER
Report Affirms Lifesaving
Role of Colonoscopy
– The New York Times February 22, 2012
Contact your family doctor or RGAL regarding your screening colonoscopy
The New England Journal of Medicine reported the results of a
20-year study, which shows that colonoscopy screening prevents death.
visit www.RGAL.com to view and download the entire article.
Three Locations
• Lancaster Health Campus
• Oregon Pike-Brownstown
• Women’s Digestive Health Center
www.RGAL.com • 717.544.3400
If an employee suspects her employer
has violated the FLSA requirement, she
should call the Department of Labor’s
Wage and Hour Division toll-free at
866.487.9243 or find more information
online at www.dol.gov/whd/
nursingmothers.
The “Break Time for Nursing
Mothers” amendment does not specify
any penalties if an employer is found in
violation of the law, but the DOL can
seek injunctive relief in federal district
court and may obtain reinstatement and
lost wages for the employee, according to
the United States Breastfeeding
Committee.
Plus, a nursing employee who takes
breaks to pump milk may have a claim
for disparate treatment if she is treated
differently than employees who take
breaks for other personal reasons.
Finally, if a nursing employee lives in
a state that has its own, stricter laws
protecting nursing mothers, the
standards required by the stronger state
law prevail over the minimum
protections offered by this federal
amendment.
Currently, 45 states, including
Pennsylvania, have laws allowing women
to breastfeed in any private or public
place. Pennsylvania is also one of 28
states that exempt breastfeeding from
public indecency laws.
Twenty-four states now have laws
specifically regarding breastfeeding in
the workplace; Pennsylvania is not one of
them. Nor is it among the 12 states that
exempt nursing mothers from jury duty.
The “Break Time for Nursing
Mothers” section of the FLSA was a
commonsense addition to the now 3-
year-old Affordable Care Act. In
addition to the disease-fighting and
health-promoting benefits for both
mother and baby that breastfeeding
affords, women comprise half the U.S.
workforce and are the primary
breadwinners in almost four out of 10
families.
As demonstrated by a 2008 report
published by the Department of Health
and Human Services, any measures
undertaken by employers to facilitate the
continuance of breastfeeding after a new
mother returns to work will benefit not
only the mother, but also the business
she serves—in terms of decreased
absenteeism, reduced healthcare claims,
and increased retention of its valuable
female employees.
The Women’s Expo was by far our largest, most energetic event
we’ve participated in … The coordination and planning for the
day of the event were executed perfectly. We will definitely be
back again!”Sarah S.
Awakening Massage and Wellness Center
CA
REER
avigating discrim-
ination and retaliation
issues in the workplace
can feel like walking
through landmines. When is making a
joke harassment? Can you dislike
someone? When does an employee’s
behavior cross a line? How does a
business protect itself?
Attorney Wanda Whare with
Nikolaus & Hohenadel, LLP, in
Lancaster, Pa., advises all employers
to have an anti-harassment,
discrimination, and retaliation policy
that includes in it the requirement that
employees report incidents of
discrimination, harassment, and
retaliation.
“Every employer needs to have one,
no matter what,” said Whare.
“The employer is
the one who is required
by statute not
to discriminate, so
the employer is sued,
not the employee
who made the
discriminatory remark.”
The anti-harassment
and discrimination
policy protects the
employer from the
actions of their
employees and vendors. An employer
is at risk even if it has no knowledge of
the discrimination.
Two 1998 U.S. Supreme Court cases
found vicarious liability against an
employer for harassment by a
supervisor. The employer was held
responsible for harassment, even
though management was unaware of it.
This has far-reaching implications
for employers who do not have a policy
that requires employees to report
harassment, said Whare.
“If your employer doesn’t have a
policy and your supervisor harasses
you, even if your employer (i.e., upper
management) doesn’t know about that
harassment, the employer is vicariously
liable for the actions of the supervisor,”
said Whare.
“If the employer has a policy
requiring employees to report
harassment to certain individuals in
the company (such as the president
and/or director of human resources)
and the employee does not report the
harassment, that employer is not
vicariously responsible for the
harassment. That’s why the employer
needs to have a policy.”
Disliking someone does not
constitute discrim-
ination, but the
employer is prohibited
from discriminating
against an employee
because he or she is a
member of a protected
class. Protected
classes, which are
defined in the various
state and federal anti-
discrimination laws,
include race, color,
religion, age, disability, national origin,
immigration status, sex, and, a new
category, genetic information. Note
that anyone can be subject to sexual
harassment, male or female, from the
same or opposite sex.
“The employer or a supervisor can
dislike anyone as long as the employer
or supervisor doesn’t violate the law,”
said Whare. “Certain actions are
prohibited under the law, but, for
example, the supervisor may dislike
you or discriminate against you
because you drive a Ford. That is not a
violation of law. Just because your
supervisor doesn’t like you doesn’t
mean you have a claim.”
Genetic information is a newly
protected category. An example of
discrimination on the basis of genetic
information may be that your employer
discovers that you have the gene that
predisposes you to breast cancer, and
the employer fires you because the
employer does not want to incur the
costs associated with treating the
cancer.
Even if it is ascertained that there
has not been an actual case of
discrimination, once an employee files
a discrimination report, retaliation
sometimes does occur because an
employee has filed the claim. This
retaliation is a violation of the law.
“Even though you don’t have a true
N
Will a
Non-Discrimination Policy
Protect Your Business?
Will a
Non-Discrimination Policy
Protect Your Business?
By CIVIA KATZ
11BusinessWomanPA.com | August 2013 ~
”“
Treat people fairly
and document
everything.
CA
REER
12 ~ August 2013 | BUSINESSWoman
harassment case, it could be a retaliation
case if the employer retaliates against you
because you filed a claim,” said Whare,
who said that this is a fast-growing area of
claims.
Whare recommends that, if an
employee is feeling harassed or
discriminated against, the employee
should report it to the people noted in the
company policy, or, if there is no policy,
to someone in management, and the
company is obligated to investigate the
complaint. The employer must take
action if there was discrimination or
harassment, which may include training
or disciplinary action against the
employee(s) who is (are) responsible.
An employer should have at least two
people within the company to whom
employees can report the discrimination.
That way, if one of these named persons is
the harasser, the employee can chose to
report to the other named person.
Discrimination is difficult to discern.
“A lot of situations are just about fun,
but some go over the edge,” said Whare.
“Employers need to be very careful about
allowing that kind of thing to happen.
They have to look at the totality of
circumstances, but, to be safe, employers
need to clamp down on employee actions
that may lead to someone feeling that
they have been harassed. For example,
employers should not allow the display of
derogatory posters, cartoons, or drawings
or other verbal or physical conduct of a
sexual nature. ”
Generally, the EEOC gives an
employee 300 days and the PHRC 180
days from an incident to file a claim.
However, Whare recommends moving
quickly if you feel you have a case.
For a business, it becomes critical to
have a harassment and discrimination
policy in place as well as to monitor the
actions of employees. Fairness may be the
best defense against any adverse legal
action.
“Treat people fairly and document
everything. If someone isn’t doing a good
job, document it. And treat everyone the
same,” said Whare. “Try to be consistent.
If you see [lewd] posters or calendars,
take them down. Let the person who
posted them know it’s not permitted. If
you hear lewd or discriminatory
comments, warn the employee that such
comments are not allowed. Further,
employers should regularly train
employees regarding these kinds of
things.”
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LIFESTYLE
14 ~ August 2013 | BUSINESSWoman
Workplace Supplies Go Sustainable
We’re all trying to conserve
resources and to recycle when and
what we can. It’s good to know there
are sustainable office products that
help us to not only work efficiently,
but to also provide a safer alternative
for both you and the planet.
Clipfolio
Offered in a variety of
colors and patterns, the
clipfolio is made from
100 percent recycled
paperboard.
Eco-Calculator
This calculator is
constructed from 100
percent recycled casing
and buttons and is made
from recycled ink and
toner cartridges, which
help reduce the amount
of waste in landfills.
Wirebound
Notebooks
In a variety of sizes, these
wirebound notebooks are made
from sugarcane byproducts,
which means fewer trees are
cut down and a rapidly
renewable resource is
maximized.
Stapler
The stapler is made
from recycled plastic,
ink, and toner
cartridges, which is
an innovative way to
create new products
and to reduce
waste.
All of the products shown are Sustainable Earth by Staples™ and are available at your local
Staples store or online at www.staples.com/sustainableearth.
LIFESTYLE
15
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Since 1975 Conestoga Business Solutions has been delivering outstanding support to Central Pennsylvania organizations. As an award winning dealer, you can partner with the premier independent office systems dealer in the region.
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BusinessWomanPA.com | August 2013 ~
LIFESTYLE
Women –
Protect Yourself
Legally for Life
By JANE SCHUSSLER, ESQUIRE, and JODY A. LEIGHTY, ESQUIRE
emember those days
when you were young,
and you lived a life
full of fun and
spontaneity? While you still may be
young at heart, living a spontaneous
life now, as an adult, can have dire
consequences.
To be successful, and stay
successful, every woman must think
smart and strategically. This article
will give you a little guidance on
what that means.
Be Careful What You Post
Social media plays a big part in
nearly every facet of daily life. But
think before you post
because information that
you share is accessible not
just to your friends, but
also to the world.
Employers routinely
check out social media on
prospective and current
employees. Attorneys
have used postings in
custody and criminal
trials, much to the
surprise of the “poster.”
So, remember, an
offhand comment that
you view as harmless fun
can be used against you.
Use Your Head When
Following Your Heart
Love and marriage are
wonderful things, and
you never like to think of
failure when entering
into a marriage. In today’s society,
however, divorce is common.
When entering into marriage,
every woman must consider
whether she needs a prenuptial
agreement. You may need a
prenuptial agreement if you:
• Plan to marry someone on their
second or third marriage
• Have children from a first or
second marriage
• Have major assets
• Expect a major inheritance or gift
• Have a business, family business,
or farm
Without a prenuptial agreement,
every asset and dollar acquired
during marriage, other than by gift
or inheritance, is considered a
marital asset. This means that upon
divorce, it will be divided between
the husband and wife.
Furthermore, if you receive a gift
or inheritance, any appreciation in
value of that gift or inheritance
during marriage is a marital asset.
A prenuptial can change this
outcome. You and your fiancé can
negotiate a different result that
meets your needs and preserves
your assets.
Titling of Assets
Be careful whose name goes onto
bank accounts, deeds, and other
assets. We have seen many women
who owned their homes prior to
marriage and were later told by a
lender to put their husband’s name
on the deed and mortgage during a
refinance.
If she does this, she has
inadvertently gifted the entire asset
to the marriage, and now the entire
asset is subject to equitable
distribution if there is a divorce.
The same is true of the
inheritance the woman receives
from her parents when she deposits
it into a joint bank account. That
asset is no longer just hers.
She has gifted it to the marriage,
and it will be divided upon divorce.
R
~ August 2013 | BUSINESSWoman16
“
”
To be successful,
and stay
successful, every
woman must
think smart and
strategically.
17
LIFESTYLE
BusinessWomanPA.com | August 2013 ~
Prenups Are Not Just for Divorce:
Estate Planning
Many women have children from a
first marriage when they remarry. A
proper prenuptial agreement can
protect any inheritance that she wants
to leave to her children, without the
interference from husband No. 2.
Without a prenuptial agreement,
husband No. 2 is entitled to his spousal
elective share when his wife dies. This
means that regardless of what her last
will and testament says, husband No. 2
gets a one-third share of her entire
estate. So while she may have left
everything to her kids, husband No. 2
still gets his one-third share.
To alter that outcome, a prenuptial
agreement will include a paragraph
where each spouse waives his or her
right to the elective share. The result is
that each spouse will only get what is
either jointly owned or what he or she
is specifically given in the will.
Understand How Your Assets Will
Pass at Death
Most people think that everything
they own will pass according to their
will when they die. That is not true.
There are three ways that assets pass at
death: joint ownership, contract
beneficiaries, and last will and
testament.
Assets that are owned jointly with
the right of survivorship will pass
directly to the survivor named on the
asset. Most couples own their house,
bank accounts, and vehicles in this
way.
Some assets have a named
beneficiary on a contract. For example,
life insurance, pension plans, IRAs,
and annuities all require you to name a
beneficiary. When you die, that money
is paid directly to your beneficiary.
Any asset that is not jointly owned
and that does not have a beneficiary on
it will pass through your last will and
testament.
It is important to view these three
methods of transfer as puzzle pieces.
You must look at all three pieces and
make sure that they are consistent and
fit together to achieve your overall
dispositive scheme upon your death.
Everyone Needs a POA, Not Just Your
Aging Parents
Everyone over the age of 18 needs a
power of attorney. A power of attorney
appoints someone to act on your
behalf if you are unable to act on your
own. It covers matters such as using
your bank account, taking care of tax
matters, making healthcare decisions,
and just about any kind of decision
that you would make to run your daily
life.
Most people do not get a power of
attorney until they become older, but
tragedy can happen at any age.
Without a power of attorney, if you or
a loved one is incapacitated because of
illness or accident, there has to be a
guardianship hearing in court to have
a guardian appointed for the
incapacitated person.
A very simple document, the power
of attorney can avoid an expensive
guardianship hearing. In addition,
guardianship hearings are emotional
and heart wrenching, particularly
when it is necessary because of an
accident or tragedy.
Surround Yourself with Good
Advisors
Lastly, our world is incredibly
complicated and difficult to navigate
alone. It is important for every woman
to surround herself with good advisors.
We definitely recommend the team
approach: a good accountant, a good
attorney, and a good financial advisor.
Living smart and strategically is not
nearly as sexy and exciting as living
spontaneously and carefree. But, doing
so will save you a lot of headaches in
the end.
•
Jody A. Leighty is an attorney and
shareholder at Stock and Leader, a full-
service law firm in York, Pa. She practices
in the areas of real estate, estate planning,
and estate administration. When not
practicing law, she is a chauffeur for her two
children.
Jane H. Schussler is an attorney and
shareholder at Stock and Leader. She
practices in the area of family law and is a
collaborative family law attorney. When not
practicing law, she practices golf with her
husband and plays games with her
grandchildren. www.stockandleader.com
E
Please,
Join Us!
The premier Lebanon County
women’s expo and the
second annual Cumberland County
women’s expo will be held this fall.
Women of all ages have enjoyed these
fun-filled events!
717.285.1350
FREE advance guest registration online! ($5 at the door)
To reserve space or for more information, go to:
a G r e a t Wa yTo S p e n d M y D a y. c o m
October 5, 2013
9 a.m. – 3 p.m.Lebanon Expo Center
80 Rocherty Road
Lebanon
omen’s xpo
Cumberland County
E
November 9, 2013
9 a.m. – 3 p.m.Carlisle Expo Center
100 K Street
Carlisle
Premier
Second Annual You are invited to be one of the sponsors
or exhibitors that offers information about:
Beauty • Home
Health & Wellness
Fashion • Finance
Nutrition • Technology
and more!
BusinessWomanPA.com | August 2013 ~ 19
WELLN
ESS
You bring the talent, we’ll provide the stage!
For more information, updates, or an application: 717.285.1350 • www.SeniorIdolPA.com
Do you dance … sing … play an instrument … perform magic … do comedy?
Do you think you’ve got what it takes to be called PA STATE SENIOR IDOL?Then we’re looking for you!
Pennsylvanians over 50 are invited to audition for the eighth annual
PA STATE SENIOR IDOL competition at one of these locations:
Finals to be held on
October 14, 2013 at:
Dutch AppleDinner Theatre
Lancaster(717) 898-1900
Emcee:
Diane Daytonof Dayton Communications
91
1 P
ho
to
Gra
ph
ics
Tuesday, August 27
Holiday Inn Harrisburg East
4751 Lindle Road, Harrisburg, PA 17111
(Morning/Early Afternoon Auditions)
Thursday, September 5
Heritage Hotel – Lancaster
500 Centerville Road, Lancaster, PA 17601
(Afternoon/Evening Auditions)
Win a limousin
e
trip to
New York City
with dinner a
nd a
Broadway show!
WELLN
ESS
20 ~ August 2013 | BUSINESSWoman
iddle age has its
benefits—with age
comes wisdom and
increased confidence
as you enter your peak earning years.
You find yourself with more free time
since your children are raised, and you
may be enjoying spending those
extra hours with your precious
grandchildren.
What possibly could rain on this
parade? Enter “the Big M.”
Menopause often occurs between
the ages of 51 and 56, although every
woman is different and some females
experience it earlier, or even later.
When “the Big M” comes knocking at
the door, it can throw even the
healthiest woman into a tailspin,
ushering in hot flashes, otherwise
known as “vasomotor symptoms,” as
the ovaries cease egg production.
As the body produces less estrogen
and progesterone, these hot flashes
can become more frequent. It’s
estimated that two-thirds of American
women have experienced the
sensation of extreme heat, followed
by perspiration and sometimes chills.
The hypothalamus, otherwise
known as the body’s thermostat,
becomes confused and sends
messages to the brain that it is “too
hot.” It’s not unusual for a woman’s
temperature to rise 6 degrees during
an episode, causing some beleaguered
females to refer to this uncomfortable
condition laughingly as their “own
personal vacation.”
They say laughter is the best
medicine, but it’s no laughing matter
when you’re sitting in a meeting with
all eyes on you and you are suddenly
forced to cast off layers of clothing just
to avoid feeling like you’re sitting on
the ground in the middle of Death
Valley. It’s also a disappointment when
you awaken in the middle of a
swimming pool of sweat around 3
a.m.
The good news is that misery can
be stopped dead in its tracks,
according to Dr. Theresa Burick, of
the Mechanicsburg-based Burick
Center for Health and Wellness.
“During menopause, women will
often experience hot flashes, night
sweats, weight gain, irritability, mental
fogginess, and hair loss, which we can
treat after the necessary testing,” she
said.
Her office staff begins by ordering
a physical and gynecological exam,
along with a mammogram.
“Once these studies have been
done, we meet with the patient to
M
By STEPHANIE KALINA-METZGER
“”
When ‘the Big M’ comes knocking at the door, it
can throw even the healthiest woman into a
tailspin, ushering in hot flashes.
WELLN
ESS
21
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determine how bothersome their
symptoms are,” she said. After that
determination is made, Burick will
recommend treatment, such as
hormone replacement.
Not everyone is a candidate
for prescription-strength hormone
replacement therapy. Those who have
a personal history of breast cancer, or
a first-degree relative with the disease,
will be treated by alternative methods,
according to Burick.
Sometimes Burick will recommend
bioidentical hormones, which are
custom made at a compounding
pharmacy, but individual treatment is
based on the needs of the patient and
their hormone levels.
“The best way to measure those
levels is to use a saliva-test kit, which
measures estrogen, progesterone,
testosterone, DHEA, and cortisol,” she
said.
In the case of bioidenticals, the
compounding pharmacy can create
the treatment in an oral or a topical
form.
“The topical form is a cream you
can apply to your inner thigh, or your
arm, to be used on a daily basis. It is
absorbed through the skin and into
the bloodstream,” said Burick. “Some
people do not like to take pills; they
prefer the topical. The topical is nice
because it bypasses the liver.”
It should be noted, though, that
bioidentical hormones are not FDA
tested and, therefore, are not approved
by the FDA.
Emily Burkholder, a women’s
healthcare nurse practitioner at May
Grant Associates in Lancaster, said
that her practice begins by discussing
different options for women who are
having vasomotor symptoms that are
interfering with their patient’s quality
of life.
Options include behavior
modification, hormone replacement
therapy, other medications that might
be helpful in reducing symptoms, the
herb black cohosh, and even
acupuncture.
“We advise our patients to begin
eliminating hot flash triggers—stress,
alcohol, caffeine, smoking, spicy
foods,” she said. “In addition, we
advise them to maintain a healthy
weight and exercise regularly.”
If the patient is still suffering after
behavior modification, then
Burkholder will assess the patient and
decide on the next step in treatment,
which could be hormone replacement
therapy (HRT). The FDA has
approved hormone replacement
therapy (HRT) drugs, which are sold
by prescription only.
A controversial hormone
replacement therapy study was
released in 2002, which had many
patients steering clear of the
treatment, but Burkholder advises
women to not be overly alarmed.
“That study was very helpful and
because of the information gathered
from the study, the way we prescribe
hormones was changed … We
prescribe the lowest dose for the
shortest amount of time. The
recommendation for being on HRT is
no longer than three to five years,” she
said.
“For those who aren’t good
candidates for hormonal treatments,
antidepressants like Paxil and Effexor
often help as well as the anti-seizure
medicine Neurontin. For some, blood
pressure medicine has helped as well,”
she said.
For those who want to try an
herbal method to reduce menopausal
symptoms, Burkholder suggests black
cohosh, which can be found at any
health-food store.
Some patients choose acupuncture
as another alternative method in their
quest for relief, an option Burkholder
says aids many.
Because there are many ways to go
about winning your fight against “the
Big M,” you may want to discuss your
choices with your doctor. Whether
you choose behavior modification,
hormone replacement therapy,
bioidenticals, alternative measures, or
a combination, the best tool in your
arsenal is knowledge.
“You don’t have to suffer through
the symptoms of hormonal loss; you
can treat symptoms and be
comfortable,” said Burick.
BusinessWomanPA.com | August 2013 ~
CO
NN
EC
TIO
NS
22 ~ August 2013 | BUSINESSWoman
Susan J. Heinle, president and CEO ofVisiting Angels of York and Hanover, wasrecently appointed to the PennsylvaniaAlzheimer’s Disease State PlanningCommittee by Governor Tom Corbett.The committee will work to create a stateplan to address the growing Alzheimer’sdisease crisis in Pennsylvania.
WOMEN TOWatch
ACHIEVEMENTS &Applause
Robin Dobson, chief compliance andstrategic officer of Masonic Villages,recently passed the exam to becomeCertified in Healthcare Compliance(CHC)®. This certifies her expertise incompliance processes and regulations,which allows her, through organizationalintegrity, to address legal obligations.
Debra K. Simon, CPA, the COO ofSF&Company, CPAs and BusinessAdvisors, has been appointed to theboard of directors of the York CountySociety for the Prevention of Cruelty toAnimals and will serve on its humanresource and finance committees.
Cindy Davidson has been nameddirector of sales and marketing forCorexcel, an online learning company.Davidson comes to Corexcel with morethan 30 years of sales and marketingexperience in senior-level sales andmarketing positions.
Kathy Geller Myers, a 22-year PR veteran, recently joinedWhite Good, a marketing communications company inLancaster. Her background includes a breadth of issue-basedPR, including early education, postsecondary educationaccess, and health and wellness, as well as consumer PR.
Erin Hammons has been hired as account director forGavin™ Advertising, a full-service advertising, marketing,and public-relations agency. Hammons has more than adecade of sales and marketing experience within thedomestic and international markets.
Do you have an announcement?
Please email your announcements of career advancements and professional new hires to crupp@onlinepub.com. Electronic photos should be saved as a tiff, jpeg, pdf or
eps at 300 dpi. Or mail to: BUSINESSWOMAN, 3912 Abel Drive, Columbia, PA 17512. Photos sent through mail will not be returned. Please – no duplicate releases.
Kelly K. Neiderer has joined Mid PennBank as senior vice president and seniorbanking officer. Neiderer has more than24 years of financial-services experience.Her community service includes beingthe board president of The Arc ofCumberland & Perry Counties.
Rachel Vandernick has joined FP+A asthe marketing coordinator.
Rebecca Prehoda been named asbranch manager for Members 1stFederal Credit Union’s Hanover branch.Previously, Prehoda was a branchmanager at Regal Bank & Trust inMaryland.
While We Were Out ...While We Were Out ...Carlisle Area Family Life Center
Carlisle Area Family Life Center’s Lori Peters, center,
receives a donation from F&M Trust’s Dave Winters,
left, community office manager, and Kevin Stoner,
right, community office manager.
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w w w . s p o t - l i g h t m e d i a . c o m
Church Events • Concerts • Sale Days • Car Shows • Grand Openings
American Business Women’s Association (ABWA)
Camelot Chapter
6 p.m.
3rd Monday of the month
The Radisson Penn Harris Hotel & Convention Center,
Camp Hill
Tania Srouji, President
www.abwacamelot.com
Continental Yorktowne Chapter
6 p.m.
4th Tuesday of the month
The Roosevelt Tavern
400 W. Philadelphia St., York
Jeanne Weicht
jweicht1@verizon.net
Ephrata Charter Chapter
6 p.m.
1st Monday of the month
Olde Lincoln House
1398 W. Main St., Ephrata
Carol Gilbert, President
carol@chgilbert.com
Lancaster Area Express Network
7:15 – 9 a.m.
3rd Wednesday of the month
Lancaster Country Club
1466 New Holland Pike, Lancaster
Kathleen King
717.305.0206
kmking@ptd.net
www.LAEN-ABWA.com
Lebanon Valley Chapter
6:30 p.m.
4th Wednesday of the month
Hebron Hose Fire Company
701 E. Walnut St., Lebanon
Penny Donmoyer
717.383.6969
www.abwalebanonpa.com
Penn Square Chapter
11:45 a.m. – 1 p.m.
2nd Thursday of the month
Hamilton Club
106 E. Orange St., Lancaster
Dottie Horst
717.295.5400
dhorst@realtysettlement.com
Women at Work Express Network
11:30 a.m. – 1:15 p.m.
2nd Thursday of the month
Heritage Hotel
500 Centerville Road, Lancaster
Virginia Klingensmith
vklingensmith@unioncommunitybank.com
Yellow Breeches Chapter
6 p.m.
4th Wednesday of the month
Bob Evans
1400 Harrisburg Pike, Carlisle
Leslie Shatto
leslie.shatto@hma.com
Central PA Association for Female Executives (CPAFE)
Aug. 7
7:30 – 9 a.m. (Registration Required)
Giant Super Foods, Community Room
2300 Linglestown Road, Harrisburg
Carol Fastrich
717.591.1268
info@cpafe.org
www.cpafe.org
Executive Women International
Harrisburg Chapter
5:30 p.m.
3rd Thursday of the month
Rotating location
Cynthia A. Sudor
717.469.7329
cynthia@cynthiasudorenterprises.com
www.ewiharrisburg.org
Harrisburg Business Women
11:30 a.m. – 1:30 p.m.
2nd Tuesday of the month
Best Western Premier Central Hotel & Conference Center
800 E. Park Drive, Harrisburg
Lynne Baker
717.975.1996
lynne.baker@proforma.com
info@harrisburgbusinesswoman.org
www.harrisburgbusinesswoman.org
Insurance Professionals of Lancaster County (IPLC)
5:45 p.m.
3rd Tuesday of the month
Heritage Hotel
500 Centerville Road, Lancaster
Krista Reed
717.945.4381
Kristathompson101@comcast.net
www.naiw-pa.com/lancaster.htm
International Association of Administrative Professionals
Conestoga Chapter
5:30 p.m.
4th Tuesday of the month
Woodcrest Villa
2001 Harrisburg Pike, Lancaster
Barbara Tollinger
btollinger@normandeau.com
www.iaaplancaster.com
Harrisburg Chapter
5:30 p.m.
3rd Monday of the month
Holiday Inn Harrisburg East
Lindle Road, Harrisburg
Karen Folk, CAP-OM, President
Jodi Mattern, CAP, Webmaster
jodi4psu@gmail.com
www.iaap-harrisburg-pa.org
White Rose Chapter of York
6 p.m.
3rd Wednesday of the month
Normandie Ridge
1700 Normandie Ridge Drive, York
Dorothy Keasey
717.792.1410
djkeasey@comcast.net
Mechanicsburg Business Women
11:30 a.m. – 1:30 p.m.
3rd Wednesday of the month
Flavours ETC Catering
5222 E. Trindle Road, Apt. D, Mechanicsburg
Abeer Srouji
info@mechanicsburgbusinesswomen.org
www.mechanicsburgbusinesswomen.org
Pennsylvania Public Relations Society
5:30 p.m.
Last Thursday of the month
Kim Barger, President
717.979.8792
kbargerdesign@gmail.com
www.pprs-hbg.org
Shippensburg Women’s Area Networking (SWAN)
Noon
1st Wednesday of the month
Rotating location
Lisa Mack
717.609.3781
lisamack.re@gmail.com
Women’s Business Center Organization (WBCO)
11:30 a.m.
2nd Tuesday of the month
Alumni Hall, York College of PA
Mimi Wasti
mwasti@ycp.edu
Women’s Network of York
11:30 a.m.
3rd Tuesday of the month
Outdoor Country Club
1157 Detwiler Drive, York
Therisa La Cesa
717.495.7527
tlacesa@aol.com
www.wnyork.com
W O M E N ’ S N E T W O R K I N G G R O U P S
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