Hi there, Pennsylvania employers. Do you have employees that remind you of the sleeping gentleman in the picture to the right? After the jump, read about a local employee who was fired after getting caught sleeping on the job four times, and still successfully obtained unemployment compensation benefits! The case…
The United States Supreme Court today in Thompson v. North American Stainless, LP ruled that an employer violates Title VII of the Civil Rights Act if it takes action against an employee who is in the same “zone of interest” as another employee who files a Charge of Discrimination with…
I read The Employer Handbook every day. That’ll be $10.” A federal court has allowed a former prostitute to proceed with claims that her subsequent employer sexually harassed her. More about this defense counsel’s wet dream, after the jump. * * * DigiCut Systems hired Susan Terry in July…
The EEOC reported this week that retaliation charges outpaced race discrimination charges at the agency during fiscal year 2010. This is the first time that retaliation charges (under all statutes) surpassed race discrimination charges at the EEOC, making retaliation charges the most frequently type of charge filed at the EEOC…
By now, hopefully, you’ve read my post “How Facebook Can Make Or Break Your Case.” I wrote it primarily for my fellow members of the defense bar. So, if you haven’t yet read it, and you generally represent employers, shame on you! Stop reading this and go read it now.…
Bill Leonard at the Society for Human Resource Management reports that the U.S. Equal Employment Opportunity Commission has approved a final version of its regulations for the Americans with Disabilities Act Amendments Act, a version of which the EEOC put out for public comment back in September 2009. More after the jump.…
A big part of my job as a labor and employment attorney is providing anti-harassment training to employees and supervisors. First, I help them identify what constitutes unlawful harassment in the workplace. Then I walk them through how to report and address it. Here, I emphasize that retaliation against a…
Confession: I find bankruptcy VERY boring. And I loathe it. I’m a labor and employment attorney. When partners approach my door with bankruptcy assignments, I pick up the phone and pretend to yell at opposing counsel. So far I’m batting 1000. But when I learned that the Third Circuit in…
Recently, I offered readers two ways to avoid employee claims of unlawful harassment. But let’s assume someone complains. It will happen, trust me. Are you prepared to conduct a thorough and efficient workplace investigation? If not, check out my article in Bloomberg Law Reports. You can read it here.
If you are reading this and you are a New Jersey employer, then the answer is yes. But only under certain circumstances. I’ll lay out the test for you after the jump. In Quinlan v. Curtiss-Wright Corp., the New Jersey Supreme Court adopted what it termed a “flexible totality of…