Stay current on the latest Firm news and developments in employment law
In this video, Representative Alan Grayson explains how "free trade" hurts American workers and lowers our standard of living. We don't need another NAFTA. Call or email your congressional representatives and tell them to oppose Fast Track on President Obama's classified Trans-Pacific...
The plaintiff in Jones v. Southeastern Pennsylvania Transp. Authority, — F.3d — , 2015 WL 4746391 (August 12, 2015) brought a retaliatory discharge claim. The employer asserted that it fired the plaintiff for falsifying time sheets. The plaintiff argued that she was fired for prior protected...
Today the Supreme Court issued a fractured opinion announcing new law on the Pregnancy Discrimination Act. The Act provides that "women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes . . . as other persons not so...
Employees with criminal backgrounds who are thinking about changing jobs should proceed one step at a time. We have seen many cases where an employee with a criminal history applies for a job with a different employer, goes through the interview process, and receives an oral offer of employment...
The Eighth Circuit reversed the grant of summary judgment in Hilde v. City of Eveleth, February 5, 2105, finding that the employer's assumption that a retirement-eligible applicant would retire if hired for a job was age discrimination on its face. To assume that Hilde was uncommited to a...
President George H.W. Bush signing the landmark Americans with Disabilities Act in 1990. 24 years later, in EEOC v. LHC Group, Inc., 12/14/14, the Fifth Circuit revived a significant ADA case finding that the questions whether a home health care nurse was promoted to a team leader position...
In sexual harassment cases, evidence of a sexual harassment victim's past sexual behavior or sexual predisposition - including evidence of a the victim's sexual behavior, fantasies, dress, speech or lifestyle, is inadmissible at trial. Such evidence can only be admitted where the proponent proves...
In the ongoing battle between healthcare giant UPMC and workers seeking to unionize, an Administrative Law Judge recently found that UPMC engaged in unfair labor practices in violation of Section 8(a)(1) of the National Labor Relations Act by: 1. Denying non-employee organizers access to its...
More than 100 members of Congress filed an amicus curiae brief urging the U.S. Supreme Court to overturn the decision rendered by the U.S. Court of Appeals for the Fourth Circuit rejecting a former United Parcel Service worker's pregnancy and disability bias suit, arguing that the Pregnancy...
Sometimes a court makes a decision so off-the-charts wrong, so at odds with the facts, and so heedless of the governing legal standard, one can only wonder what prejudice or stereotype motivated the court's thinking. The dismissal of Caryln Johnson's age discrimination case by a majority of the...
Most sexual harassment and racial harassment cases have a front-end and back-end. The front-end consists of the underlying acts of sexual harassment (or racial harassment) against the employee, for which the employee complained. The back-end consists of the employer's investigation of and...
The level of inequality — which fell during the New Deal but has risen dramatically since the late 1970s — corresponds to the rise and fall of Unions in the United States. Take a look at this graph showing union membership and the income share claimed by the richest 10 percent of Americans...
This is the radical bloc of the United States Supreme Court - five men with life tenure, united in their right wing religious and political views - disdainful of precedent, disdainful of regulation and disdainful of all whose beliefs differ from their own. These are the men who gutted the...
Allegheny County officials are paying UPMC more than a half million taxpayer dollars to deny workers their rights to leave under the Family and Medical Leave Act. In this piece by CBS Pittsburgh, Charles A. Lamberton discusses how employers can interfere with protected FMLA rights by making...
This is the image I have in mind every time an H.R. person, corporate counsel or defense lawyer learns that a Release they drafted fails to comply with the requirements of the Older Workers Benefits Protection Act ("OWBPA"). OWBPA is an amendment to the Age Discrimination in Employment Act...