Sid Steinberg

November 01, 2022 | The Legal Intelligencer

If 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

In 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

While 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

When 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

In 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

The 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

The 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

Among 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

The 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

It is a fundamental tenet of discrimination law that harassment is only actionable if it is motivated by discrimination.

By Sid Steinberg

6 minute read