May 04, 2021 | The Legal Intelligencer
'Angry' Employee's Bias Claims Fail to Overcome Objective Basis for DecisionsSelecting among candidates for promotion can often be the most discriminatorily fraught of workplace decisions.
By Sid Steinberg
6 minute read
April 06, 2021 | The Legal Intelligencer
Failure to Accommodate Breastfeeding Mother Brings Variety of Viable ClaimsPart of creating a working climate of gender equity is the need for employers to welcome new mothers back into the workplace with lactation rooms for pumping breast milk.
By Sid Steinberg
6 minute read
January 12, 2021 | The Legal Intelligencer
Inconsistent Ratings Raise Discrimination Questions in Reduction in ForceEven where rating employees subjectively, employers need to be sure to also rate them and co-workers consistently.
By Sid Steinberg
6 minute read
December 09, 2020 | The Legal Intelligencer
Wrongful Discharge Claim Viable Where Employer Threatened Ex-Worker to 'Come Up With' TestimonyHow does an employee who admits that she should have been fired state a claim for wrongful discharge under Pennsylvania law? The answer, as discussed in the recent decision, Capriotti v. Rockwell, No. 19-3136, 2020 U.S. Dist. LEXIS 216416 (E.D. Pa. Nov. 19, 2020) goes back to a consistent theme of this column—the timing of an employee's termination is often as important as the basis for the termination.
By Sid Steinberg
6 minute read
November 10, 2020 | The Legal Intelligencer
Vague Improvement Goals Leads to Viable Discriminating ClaimsWhen terminating an employee, defining goals and selecting the individual's replacement is often the difference between the termination being considered discriminatory or not.
By Sid Steinberg
6 minute read
October 06, 2020 | The Legal Intelligencer
Employee's Failure to Submit FMLA Forms Leads to Termination for AbsencesWhen an employee seeks leave under the Family and Medical Leave Act, or when she seeks a reasonable accommodation under the Americans with Disabilities Act, the critical component for success is the same: communication.
By Sid Steinberg
6 minute read
August 12, 2020 | The Legal Intelligencer
Short-Sighted Sainthood: Defense Fails to Beat Bill O'Reilly Shrine CaseIn today's workplace, managers are well-advised not to treat Bill O'Reilly as a household deity. One would think this goes without saying, but…
By Sid Steinberg and Daniel F. Thornton
5 minute read
June 09, 2020 | The Legal Intelligencer
'Bullying' Behavior Insufficient to Support Tort Claim Under Pa. LawThe standard under Pennsylvania law for an employee (or likely former employee) to state a claim for Intentional Infliction of emotional distress is high. Just how high was discussed in the recent case of Schaffhouser v. Transedge Truck Center.
By Sid Steinberg
6 minute read
May 06, 2020 | The Legal Intelligencer
Perception Turns to Harsh Reality as Gender Stereotyping Claim Heads to JurySex discrimination is broader than many realize, extending even to the interplay between an employee's appearance and gender stereotypes.
By Sid Steinberg and Daniel F. Thornton
7 minute read
March 11, 2020 | The Legal Intelligencer
No Evidence Causes Part-Time Police Officer's Discrimination Claims to FizzleWithout evidence, even the most compelling argument cannot carry the day. This and other themes were recently addressed in Harrell v. Solebury Township.
By Sid Steinberg and Daniel F. Thornton
6 minute read
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