November 01, 2022 | The Legal Intelligencer
Employee Phone Search Leading to Termination Found PretextualIf an employer were to find an employee's cellphone in the workplace, could it search the phone? And what if it found evidence of activity on the phone that violated its policies—could it fire the employee?
By Sid Steinberg
6 minute read
August 31, 2022 | The Legal Intelligencer
NLRB Reinstitutes Close Scrutiny of Employer's Ban on Union ClothingIn Tesla, the board overruled the board's 2019 decision in Wal-Mart Stores, 368 NLRB No. 146 (2019), as to the standard to be applied to evaluate the lawfulness of workplace rules restricting the display of union insignia or logos on clothing,
By Sid Steinberg
6 minute read
May 31, 2022 | The Legal Intelligencer
Employer's Sarcastic Tweet Found Not to Violate Employees' Union RightsWhile the decision strongly affirms First Amendment rights, it should be viewed cautiously by employers in terms of permissible communications with employees
By Sid Steinberg
6 minute read
April 05, 2022 | The Legal Intelligencer
Employer's Failure to Provide WFH Supports Reasonable Accommodation ClaimWhen an employee claims that a disability prevents her from returning to the workplace, employers will want to ensure that the basis for the office-work requirement is justifiable, equitably applied and an employee's "disability" based refusal is well-vetted.
By Sid Steinberg
6 minute read
February 01, 2022 | The Legal Intelligencer
Court Dismisses Office Romance Discrimination ClaimsIn two recent decisions by courts in the U.S. District Court for the Eastern District of Pennsylvania (coincidentally issued on the same date), the plaintiffs who were engaged in office romances were unable to state viable claims of sex discrimination even when it was clear that the relationship(s) was the basis for the action taken.
By Sid Steinberg
5 minute read
November 02, 2021 | The Legal Intelligencer
Recent Decision: New Boss Means New ExpectationsThe recent decision of Cameron-Satchell v. CDHA Management, No. 21-576, 2021 U.S. Dist LEXIS 202877 (Oct. 21, 2021) (Kearney, J.) begins with an observation that could define many employment discrimination cases: "an at-will employee meeting one boss' expectations must understand a new boss may not be satisfied with the same old performance."
By Sid Steinberg
5 minute read
October 05, 2021 | The Legal Intelligencer
Worker Successfully States Claim for Disability Discrimination for COVID-Related TerminationThe first claims of COVID-related discrimination are starting to be addressed, including the recent decision of Matias v. Terrapin House, in which an employee claimed that she was discriminatorily terminated because she was "regarded as" disabled under the Americans with Disabilities Act and the Pennsylvania Human Relations Act after she advised her former employer of her COVID diagnosis.
By Sid Steinberg
5 minute read
September 07, 2021 | The Legal Intelligencer
Inconsistent Discipline Supports Discrimination and FMLA ClaimAmong the themes of this column, consistency in applying work rules (along with documentation of the same), likely tops the list. Where there is evidence of inconsistency, a denial of summary judgment is likely to follow.
By Sid Steinberg
6 minute read
August 09, 2021 | The Legal Intelligencer
'Manager Rule' Does Not Apply to Managers Forwarding Discrimination ComplaintsThe EEOC's most recent statistical compilation of the types of charges received shows that in FY2020, over 50% of charges included an allegation of retaliation. The message is self-evident, even if the underlying claim lacks merit, employers are well-advised to treat employees who raise allegations of discrimination with care.
By Sid Steinberg
6 minute read
July 06, 2021 | The Legal Intelligencer
Offensive Statements Are Not Always DiscriminatoryIt is a fundamental tenet of discrimination law that harassment is only actionable if it is motivated by discrimination.
By Sid Steinberg
6 minute read
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