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June 26, 2015 |

Justices Revive Religious Accommodation Case Against Abercrombie & Fitch

The U.S. Supreme Court recently addressed a case regarding a Muslim woman's right to have her religious practices accommodated under Title VII of the Civil Rights Act of 1964. In a much anticipated, and in many ways, surprising decision, the high court decided the hiring practices of the popular retail clothing company Abercrombie & Fitch violated Title VII. The case, EEOC v. Abercrombie & Fitch Stores, No. 14-86, was decided June 1. Unfortunately, this is not the first time Abercrombie's employment and hiring practices made headlines.
6 minute read
June 25, 2015 | Law.com

Justices Revive Religious Accommodation Case Against Abercrombie & Fitch

The U.S. Supreme Court recently addressed a case regarding a Muslim woman's right to have her religious practices accommodated under Title VII of the Civil Rights Act of 1964. In a much anticipated, and in many ways, surprising decision, the high court decided the hiring practices of the popular retail clothing company Abercrombie & Fitch violated Title VII. The case, , No. 14-86, was decided June 1. Unfortunately, this is not the first time Abercrombie's employment and hiring practices made headlines.
6 minute read
May 22, 2015 |

When Employee's FMLA Leave Is Over, the ADA Kicks In

Having just returned from speaking at the Pennsylvania Bar Institute's 21st annual Employment Law Institute, the No. 1 question on the mind of employers was how to deal with an employee's request for leave under the Americans with Disabilities Act once the employee's Family and Medical Leave Act leave has expired. The answer, like most reasonable accommodation issues, is it depends. Courts throughout the country have consistently held that unpaid leave is a form of reasonable accommodation. Unpaid leave may be an appropriate reasonable accommodation when an individual expects to return to work after getting treatment for a disability, recovering from an illness, or taking some other action in connection with his or her disability.
6 minute read
May 21, 2015 | Law.com

When Employee's FMLA Leave Is Over, the ADA Kicks In

Having just returned from speaking at the Pennsylvania Bar Institute's 21st annual Employment Law Institute, the No. 1 question on the mind of employers was how to deal with an employee's request for leave under the Americans with Disabilities Act once the employee's Family and Medical Leave Act leave has expired. The answer, like most reasonable accommodation issues, is it depends. Courts throughout the country have consistently held that unpaid leave is a form of reasonable accommodation. Unpaid leave may be an appropriate reasonable accommodation when an individual expects to return to work after getting treatment for a disability, recovering from an illness, or taking some other action in connection with his or her disability.
6 minute read
April 24, 2015 |

Noncompete Controversy Taking Shape in Pa. Supreme Court

It appears that things are starting to heat up in the world of noncompete clauses in employment agreements. Apparently, the Pennsylvania Supreme Court kicked off a firestorm of arguments when it decided to grant review of the Superior Court's decision in Socko v. Mid-Atlantic Systems of CPA, 2014 PA Super 103, 99 A.3d 928, appeal granted, 105 A.3d 659 (Pa. 2014).
6 minute read
April 23, 2015 | Law.com

Noncompete Controversy Taking Shape in Pa. Supreme Court

It appears that things are starting to heat up in the world of noncompete clauses in employment agreements. Apparently, the Pennsylvania Supreme Court kicked off a firestorm of arguments when it decided to grant review of the Superior Court's decision in , 2014 PA Super 103, 99 A.3d 928, appeal granted, 105 A.3d 659 (Pa. 2014).
6 minute read
March 09, 2015 |

Courts Work to Protect Employees From Harassing Discovery Tactics

Do plaintiffs in employment cases have a legitimate privacy interest in information regarding their subsequent employment? Nowadays, most courts say yes. An increasing number of courts have frowned on the employer's practice of subpoenaing employment records from a plaintiff's subsequent (or in some cases, current) employer.
5 minute read
March 09, 2015 | Law.com

Courts Work to Protect Employees From Harassing Discovery Tactics

Do plaintiffs in employment cases have a legitimate privacy interest in information regarding their subsequent employment? Nowadays, most courts say yes. An increasing number of courts have frowned on the employer's practice of subpoenaing employment records from a plaintiff's subsequent (or in some cases, current) employer.
5 minute read
January 23, 2015 |

Use of Implicit Bias Evidence to Prove Discrimination

Are 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.
6 minute read
January 23, 2015 | Law.com

Use of Implicit Bias Evidence to Prove Discrimination

Are 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.
6 minute read

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