Articles Posted in Pennsylvania

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The words “cisgender” or “non-transgender” employee appear nowhere in Title VII of the Civil Rights Act of 1964, the federal workplace law that outlaws gender discrimination. But, according to a Pennsylvania federal judge, “that does not preclude the possibility that discrimination against both a cisgender male and cisgender female may be independent Title VII violations.”

I’ll explain why. Continue reading

2016-07-12 16 45 37 Pennsylvania Welcomes You sign along northbound Interstate 83 entering Shrewsbury Township, York County, Pennsylvania from Maryland Line, Baltimore County, Maryland

Famartin, CC BY-SA 4.0, via Wikimedia Commons

I read a recent NJ federal court decision where a plaintiff began working for the defendant in New Jersey but later requested and received a transfer to Pennsylvania.

And that’s when things went awry. Continue reading

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Earlier this week, I wrote about a judge calling out an employee for trying to cast a personal choice to remain unvaccinated against COVID-19 as some deeply religious decision.

Last night, I read another recent opinion from a federal judge who called an employee trying to avoid a mandatory vaccination requirement at his new job on his religious 🐂💩. Continue reading

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Suppose that several employees complain that a coworker is creating a “hostile work environment” because they were afraid that she (the coworker) was going to report them (the employees) for engaging in unspecified misconduct in the workplace.

Can the employer respond by mandating an Employee Assistance Program (EAP) referral as a condition of the coworker’s continued employment?

Continue reading

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The Americans with Disabilities Act prohibits discrimination based on a disability concerning employment. That includes refusing to hire someone based on an actual disability, a perceived disability, or a record of disability.

Whether an employer regards a job applicant as having a disability or learns about a record of a disability, an employer cannot lawfully refuse to hire them because they are receiving addiction treatment — even if that means the individual is currently in a methadone maintenance program.

Continue reading

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When I think of Pennsylvania, it’s the Liberty Bell, cheesesteaks, and that putrid football team from Pittsburgh with the fans that wave yellow towels.

I also think of employer-friendly employment laws.

But one of those associations may soon be eroding. (Spoiler alert: not my opinion of the hapless Steelers). Continue reading

“Doing What’s Right – Not Just What’s Legal”
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