The Lamberton Law Blog

Pittsburgh employment lawyer Charles A. Lamberton

Court finds employer’s business judgment is BS
August 24, 2017
By: Charles Lamberton

The so-called “business judgment” rule is subject to the “BS” rule; if the facts show that the employer’s business judgment isn’t credible, the claims will go to trial. A recent example comes from a New York federal court in Roa v. Staples, Inc., August 9, 2017, Briccetti, V. The issue in Roa was whether the employer […]

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Employer short on direct threat defense
September 17, 2015
By: Charles Lamberton

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 the most […]

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OFCCP Rule Strengthens Disability Protections
January 17, 2014
By: Charles Lamberton

On August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs announced a Final Rule that makes changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973, as amended (Section 503) at 41 CFR Part 60-741. Section 503 prohibits federal contractors and subcontractors from discriminating in employment against […]

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