February 12, 2020 | The Legal Intelligencer
Pregnant Employee Surmounts Summary Judgment Based on Supervisor's CommentsWhen a pregnant employee invokes her rights, her employer must be scrupulous in honoring them.
By Sid Steinberg and Dan Thornton
6 minute read
January 07, 2020 | The Legal Intelligencer
'Lying Is Lying': Dishonesty Dismantles Discrimination DisputeWhen an employee's misconduct is related to, or even caused by, her disability, employers are faced with the difficult task of distinguishing between the employee's conduct and her condition.
By Sid Steinberg
6 minute read
December 10, 2019 | The Legal Intelligencer
Management's Failure to Investigate Harassment Entitles Employee to TrialHow many discriminatory comments does it take to create a hostile work environment? How should a manager handle vague reports of harassing conduct?
By Sid Steinberg
7 minute read
November 06, 2019 | The Legal Intelligencer
Punctuality as an Essential Job Function Under the ADAWe have all heard the old adage "time is money," but what if an employee's disability affects his ability to show up for work on time?
By Sid Steinberg
6 minute read
October 08, 2019 | The Legal Intelligencer
Summary Judgment Granted Despite Employer's Questionable 'Methodology'It is an axiom of employment law that an employer's decision to terminate an employee does not need to be "right," but only needs to be based upon its reasonable and nondiscriminatory belief that the employee's behavior warrants discipline.
By Sid Steinberg
6 minute read
September 10, 2019 | The Legal Intelligencer
Third Circuit: 'Willful' Conduct Does Not Require 'Egregiousness'Many employment law statutes base the level of damages or length of the applicable statute of limitations on a determination of whether the employer's actions were "willful."
By Sid Steinberg
6 minute read
August 14, 2019 | The Legal Intelligencer
Third Circuit Provides Practical Guidance on Common Workplace IssuesTwo recent published decisions of the U.S. Court of Appeals for the Third Circuit provide continued guidance to employers and their counsel on issues that frequently arise in the workplace.
By Sid Steinberg
7 minute read
July 09, 2019 | The Legal Intelligencer
Employer Not Required to Provide ADA Accommodation of Choice to Disabled EmployeeWhile the Americans with Disabilities Act requires that an employer provide a disabled employee a “reasonable accommodation,” it is important to keep in mind that an accommodation need only be “reasonable”—and need not be the one preferred by the employee in question.
By Sid Steinberg
6 minute read
June 11, 2019 | The Legal Intelligencer
Recent NLRB Decision Reminds Employers of the Need for ConsistencyIf there is one theme of this column over the years, it is that employers must be both credible and consistent in their explanation for employment decisions. One without the other is helpful, but both are necessary for an employer to prevail.
By Sid Steinberg
6 minute read
May 07, 2019 | The Legal Intelligencer
Three-Year Delay Not Sufficient for Dismissal for Failure to ProsecuteAccording to the U.S. Court of Appeals for the Third Circuit in Hildebrand v. Allegheny County, even three years of dormancy may not warrant dismissal of a potentially meritorious claim if there is no evidence that the plaintiff caused the delay or acted in bad faith.
By Sid Steinberg
7 minute read
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