Lamberton Law Blog

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

Tips for your anti-discrimination policy

The EEOC recently posted some tips for employers looking to develop an anti-discrimination policy. The EEOC advises employers to: State that discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, age...

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Sexual harassment by senior executives

We have seen a significant increase in sexual harassment cases involving senior corporate executives. For those unfamiliar with the legal rules that apply in sexual harassment cases, employers are liable for sexual harassment by co-workers only if the employer was negligent in discovering or...

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Legal Rights for Pregnant Workers under Federal Law

If you are pregnant, have been pregnant, or may become pregnant, and if your employer has 15 or more employees, you are protected against pregnancy-based discrimination and harassment at work under federal law. You may also have a legal right to work adjustments that will allow you to do your job...

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Second Circuit clarifies ratios in pregnancy case

A good analysis from the Second Circuit post-Young on a common defense argument - "The defendants perplexingly suggest that these figures show that pregnant employees were not significantly burdened because "only one of 176 COs were affected by this policy." But under Young, the focus is on how...

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'Customers First' Becomes the Law in Retirement Investing

The Labor Department, after years of battling Wall Street and the insurance industry, will require financial advisers and brokers to act in the best interests of their clients.

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Top Female Players Accuse U.S. Soccer of Wage Discrimination (New York Times)

A compelling piece from Andrew Das of the New York Times. U.S. Soccer, the governing body for the sport in America, pays the members of the men's and women's national team who represent the United States in international competitions. The men's team has historically been mediocre...

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Thousands turn out at Sanders rally

Thousands of Pittsburghers showed their love for Senator Bernie Sanders earlier today.

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Executive severance agreements, don't go it alone

When it comes to executive severance, don't go it alone. You have too much at risk and too much to protect. We've helped dozens of executives protect themselves, their careers and their families, and we can help you too. Contact the Lamberton Law Firm, LLC and put one of the premier Pittsburgh...

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Retaliation and Whistleblowing

Charles Lamberton will be co-presenting a session at national NELA's Spring Convention this April in Boston. Charles's session will address how various types of emerging technology, including social media in all of its forms, have become integral to the way that many of our clients, their...

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Crediting non-discriminatory reasons

The judicial function at the summary judgment stage is to decide whether a jury could reasonably find in the employee's favor on the claim at issue. In making its decision, a court follows certain rules. One such rule is that the record must be examined as a whole. Another is that inferences must...

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Times reports on forced arbitration and disability discrimination

These recent pieces from the New York Times are must reads: Fake Cover Letters Expose Disability Discrimination In Arbitration, a Privatization of the Justice System...

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Discrimination at its essence

The Third Circuit's recent decision in Hassan v. City of New York, — F.3d —, 2015 WL 5933354 is a welcome reminder that the Court understands the real harm inflicted by discrimination. Discrimination is not, and I repeat not, principally an economic tort. Economic losses often result from...

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Employer short on direct threat defense

The district court in Pollard v. Drummond Co., Inc., No. 12-03948 N.D. Al. (Sept. 15, 105) found a fact question on whether a coal miner using methadone to control back pain was a direct threat under the ADA. A "direct threat defense must be based on a reasonable medical judgment that relies on...

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When protected activity and insubordination collide

In Yazdian v. ConMed Endoscopic Tech., Inc., No. 14-3745 (6th Cir. July 14, 2015), the Sixth Circuit reversed summary judgment for the employer, finding that the employee's complaints could reasonably be understood as complaints of race discrimination, and that there was both circumstantial...

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Dos and don'ts on discrimination complaints

How you complain about discrimination at work can make the difference between success and failure on a retaliation claim. So here are some tips on what to do and what not to do when complaining about workplace discrimination. DO: Consult with a lawyer. Complain in writing. Complain promptly...

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