Articles Posted in Pennsylvania

Giphy.com

Not even close to that fun.

No, it’s about a guy who got fired after his employer concluded that he had gained unauthorized access to its electronic files. It just so happens that the plaintiff accessed those files to assist his employer in defending two discrimination actions that other employees had pending against the employer. Either way, because of the firing, the plaintiff alleged retaliation.

How can firing an employee who is trying to help his employer with discrimination claims be considered retaliatory? See, e.g., the headline of today’s blog post.

I’ll explain. Continue reading

Pixabay
Just before the Labor Day weekend, I blogged here about an Americans with Disabilities Act complaint filed in federal court by the U.S. Equal Employment Opportunity Commission that should have employers scrutinizing their leave policies and procedures.

Today, I’ve got news of another EEOC lawsuit filed in my backyard in the Eastern District of Pennsylvania. As I explain below, this one will have you reaching for a different leave policy — parental leave — to ensure no that there’s no hatin’ on the fellas. Continue reading

Fact or Fiction?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.”

Let’s do an FMLA quiz. We know that an FMLA-eligible employee must check three boxes:

  1. Work at a location that employs 50 employees within 75 miles;
  2. Has at least 1,250 hours of service with such employer during the previous 12-month period; and
  3. Must be employed for at least 12 months by the employer.

So, does the FMLA protect from retaliation an employee who requests leave before the one-year anniversary of employment? Continue reading

WomanFactory1940s.jpg

When defending against a woman’s sexual harassment claim, I’ve found that “she was asking for it” is generally a bad defense. So bad, in fact, that you may just want to whip out the old checkbook instead.

Another crappy one, apparently, is trying to convince a judge that an industrial workplace setting is carte blanche to knuckle drag and generally act like pigs.

Also known as the “blue collar” defense.

Continue reading