Lamberton Law Blog

Stay current on the latest Firm news and developments in employment law

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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Medical leave as a reasonable accommodation

We often receive calls from employees and employers about unpaid medical leave from work. Callers want to know whether an employee who has a serious health condition under the FMLA, but who cannot return to work after 12 weeks of FMLA leave, has any additional legal protections. The answer is...

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Sexual assault charges mount against Kavanaugh

One thing I have learned in 22 years of practice is that when it comes to sexual assault in the workplace, where there is smoke, there is fire. In every sexual assault case I've handled, the perpetrator assaulted multiple victims. In one negligent hiring case, the perpetrator who sexually...

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John Oliver tackles Sexual Harassment at Work

Workplace sexual harassment is real; it happens, and it happens a lot. Study after study has shown that it is one of the most harmful, traumatic power abuses that can be perpetrated against a victim. There's no understating the seriousness of the problem, or how poorly the legal system, the...

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We litigate sexual harassment and assault cases

Women now make up about half the U.S. workforce, yet remain underrepresented in management and in the C-suite. With smartphones, text messages, social media, there are more ways than ever for supervisors and co-workers to sexually harass women at work (and even outside of work). If you or...

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Huge court win for #MeToo

In Minarsky v. Susquehanna County, 2018 WL 3234243 (3d Cir. July 3, 2018), the Third Circuit reversed summary judgment for the employer because a jury could find that the sexual harassment victim was reasonable in not reporting the harassment for four years. In a footnote that will be cited...

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Forms of sexual harassment at work

Ken Cooper recently outlined what he called the "six levels" of sexual harassment. His summary is useful and worth walking through. But he omits an important feature of sexual harassment present in many, many cases: implicit or explicit threats of retaliation if the victim reports the...

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Give Mayor Peduto credit and room to lead on Amazon

The Pittsburgh Post Gazette has unfairly and naively criticized Pittsburgh Mayor Bill Peduto for his efforts to persuade Amazon to locate its second headquarters in the Steel City. His plan is too secretive, the newspaper says, as though business negotiations of this kind are conducted...

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Sexual harassment takes toll on health

Epidemiologist Rebecca Thurston has spent years studying women who have suffered sexual abuse and harassment. She finds that over time, sexual harassment works like a poison, stiffening women's blood vessels, worsening blood flow and harming the inner lining of their hearts. More than a dozen...

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