Lamberton Law Blog

Stay up to date on current developments in employment law and at the Lamberton Law Firm

The Price of Discrimination Is Getting Cheaper Each Year

I have always thought it contradictory that we proclaim strong national policies against intentional discrimination in the workplace but then cap the damages available to victims of discrimination. If we are serious about our commitment to preventing discrimination at work, we must abolish...

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We help whistleblowers

Companies that do business with the government are held to the highest ethical standards. Claims for taxpayer funds may not be payable if the employer has failed to comply with applicable regulations or contract provisions. To fight back against fraudsters, Congress passed a powerful law called...

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Sexual harassment at work

We have seen a significant increase recently in sexual harassment cases involving senior corporate executives. When sexual harassment is perpetrated by a member of the C-Suite (for example, the CEO, COO, President, Owner or another senior corporate executive), liability is automatic and strict...

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Think you're immune to implicit bias? Think again.

It is well known that people don't always "speak their minds."' Social scientists have long suspected, and now proven, that people don't always "know their mind" because stereotypes and implicit biases operate below the level of conscious awareness. Researchers at Harvard have developed the...

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Sex and the Supreme Court

Those reading the newspapers know that the Supreme Court recently ruled in Bostock v. Clayton County that employment discrimination based on sexual orientation or gender status is discrimination based on sex. Why is this so? As I have argued for many years, an employer can't act on the basis of...

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Unemployment benefits in Pennsylvania

Governor Tom Wolf announced today the Pennsylvania Department of Labor & Industry (L&I) is implementing new federal unemployment compensation benefits provided by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The COVID-19 relief package temporarily provides an additional $600...

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Coronavirus - Know your rights

If a family member or I become sick with the coronavirus, am I allowed to take time off from work? The federal Family & Medical Leave Act (FMLA) allows a qualified employee to take up to 12 weeks of unpaid leave within a 12-month period if they or an immediate family member requires...

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Can I be fired if I am scared to come to work because of the Coronavirus?

If you ask for or take leave from work because you fear the Coronavirus and your employer fires you, it has very likely broken the law. You may have a wrongful discharge claim. We are here to help. 412-258-2250 or cal@www.lambertonlaw.com.

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Sexual harassment by a manager or co-worker

If you've been sexually harassed or sexually assaulted at work, you may have a claim against your employer for negligent hiring or negligent supervision. Sometimes an employer hires someone it knows or should know has dangerous tendencies. Sometimes an employer learns that an employee is...

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Risk factors for sexual harassment

Working in an isolated context. Isolation leaves women vulnerable to abusers who feel emboldened by a lack of witnesses. Frontline reported in 2015 that ABM (described as the largest employer of janitors) had 42 lawsuits brought against it in the previous two decades for allegations of workplace...

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Why I hate sexual harassers

I hate sexual harassers because I hate bullies. I hate them because they exploit physical and economic power over women. I hate them because they choose not to control themselves. I hate them because they disrespect women. I hate them because they make the world a less fair and less safe place...

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Court sees credibility issues in alleged business judgment

Upholding a jury verdict for the plaintiff in an age discrimination case, the Court in Westmoreland v. TWC Admin. LLC, No. 18-1600 (4th Cir. May 22, 2019) said "Westmoreland[] ... was nearly 61 years of age when fired, TWC terminated her after 30 years of consistently satisfactory work, it replaced.

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Sexual assault survivors and PTSD

Sexual assault survivors may suffer from Post-Traumatic Stress Disorder ("PTSD"). PTSD symptoms are generally grouped into four types: intrusive memories, avoidance, negative changes in thinking and mood, and changes in physical and emotional reactions. They result from physiological damage...

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Harassed at work? Consider these steps.

Contact an employment lawyer. Tell the person who is harassing you to stop. If you do not feel comfortable confronting the harasser directly, or if the behavior does not stop, check to see if your employer has an anti-harassment policy. It should. It may be on the employer's website, in the...

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Respected judge's view on discovery is dangerous and wrong

A highly respected judge serving on the Third Circuit Circuit Court of Appeals recently told the crowd at the 2018 Federalist Society Convention: "If I were able to do something unilaterally, I would probably institute a new federal rule that said that all cases worth less than $500,000 will be...

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