January 23, 2015 | The Legal Intelligencer
Use of Implicit Bias Evidence to Prove DiscriminationAre you or your co-workers guilty of "unconscious discrimination"? Is your manager or supervisor guilty of "implicit bias" in the workplace? These terms and others like it are used in social science to describe the inherent nature of stereotyping that takes place in everyone. The issue courts are being confronted with on a more frequent basis revolves around whether evidence of this type of stereotyping can form the basis for liability under anti-discrimination laws.
By Jeffrey Campolongo
7 minute read
October 31, 2014 | The Legal Intelligencer
Mixed Results on Collateral Estoppel in the Eastern DistrictThere may be a controversy brewing in the Eastern District of Pennsylvania. The issue stems from a recent decision regarding the preclusive effect of administrative proceedings from the Unemployment Compensation Board of Review (UCBR) in a subsequent federal court discrimination lawsuit alleging similar facts. The results are two starkly different interpretations of a longstanding Pennsylvania Supreme Court precedent by members of the same court.
By Jeffrey Campolongo
9 minute read
September 26, 2014 | The Legal Intelligencer
Is Wage Theft the New Civil Rights Issue for Workers?If you have seen recent headlines about major wage-and-hour class actions, such as the FedEx misclassification case, Alexander v. FedEx Ground Package System, or the decision about off-the-clock work here in Pennsylvania, Braun v. Wal-Mart Stores, then you would know there is a growing problem of wage theft in the low-wage economy all over the country.
By Jeffrey Campolongo and Nadia Hewka
6 minute read
August 22, 2014 | The Legal Intelligencer
IRS Scrutinizing Settlement Payments in Employment DisputesThose who have experience settling employment disputes know that one of the thorniest issues to arise after agreeing to the principal terms of a settlement involves how to describe the payment in the settlement agreement. The all-important corollary to that issue is how the payment should be taxed, if at all.
By Jeffrey Campolongo
7 minute read
July 25, 2014 | The Legal Intelligencer
26 States Introduce Laws to Combat Workplace BullyingWhile there may still be some people naive enough to think that "words will never hurt me," in some cases words have all the power and intention to do just that. Workplace bullying destructs the emotions and mentality of its victims, leading to immense psychological and emotional trauma, according to workplacebullying.org, the nation's grassroots legislative movement to enact the anti-bullying Healthy Workplace Bill. The reality is that bullying is not only evident on the playground, but it is found within the workplace as well. As adults, the conditions are even tougher. In the workplace, the demands to perform well are high and the stakes of consistently performing well are even higher. What should an employee do when bullied in the midst of trying to perform at work?
By Jeffrey Campolongo and Yalda Hajavi
8 minute read
June 27, 2014 | The Legal Intelligencer
Does Your Company's Attendance Policy Violate the ADA?When is an employer's "inflexible" attendance policy really just a sham to discriminate against disabled workers? That is the million-dollar question. Or, at least it was the question raised in two recent cases under the Americans with Disabilities Act (ADA).
By Jeffrey Campolongo
9 minute read
May 23, 2014 | The Legal Intelligencer
Is Your Arrest Record Preventing You From Getting a Job?The expression "crime doesn't pay" has never been truer than it is today. In fact, for those who have been arrested, even when never convicted, it is probably more accurate to say that "being arrested could cost you for life." The cost for those who come into contact with the criminal justice system, both those convicted and those not convicted, results from the criminal record created by the arrest and the subsequent involvement with the criminal justice system. Oftentimes, this information can blemish the individual for life and lead to significant adverse collateral consequences that expand an individual's involvement and/or punishment well beyond that which was originally contemplated by the criminal justice system.
By Jeffrey Campolongo
7 minute read
March 28, 2014 | The Legal Intelligencer
Summary Judgment Can't Shield Employer in Discrimination CaseMotions for summary judgment in federal court are oftentimes one of the most over-utilized tools in employment discrimination litigation.
By Jeffrey Campolongo
7 minute read
March 05, 2014 | New Jersey Law Journal
The Legal Landscape of LGBT Rights in the CourtroomThe end of discriminatory attitudes toward gays and lesbians in the courtroom.
By Jeffrey Campolongo
7 minute read
February 28, 2014 | The Legal Intelligencer
Displaced Phila. Workers Protected Under Little-Known LawThe best-kept secret for Philadelphia employees in the hotel, building-management and health care fields is a local law that went into effect in June 2000 known as the Philadelphia Displaced Contract Workers Ordinance (DCWO).
By Jeffrey Campolongo
6 minute read
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