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May 23, 2002 | The Legal Intelligencer

Committee Fights for Equal Access to Justice

The legal rights of persons with disabilities committee (LRPWDC) is a committee of the public interest section of the Philadelphia Bar Association. The committee's members are a diverse group of practitioners specializing in, and committed to, representin
5 minute read
November 04, 2011 | The Legal Intelligencer

Deputy's Right to Privacy Determined to Outweigh Gov't Interest

When is filming your female subordinate while in various states of undress a constitutional violation? That was the issue the 3rd U.S. Circuit Court of Appeals grappled with in its Oct. 12 opinion in Doe v. Luzerne County.
7 minute read
March 29, 2011 | The Legal Intelligencer

U.S. Supreme Court Says a Complaint Is a 'Complaint'

According to the U.S. Supreme Court, a complaint is a "complaint" whether made orally or in writing. An opinion authored by Justice Stephen Breyer, Kasten v. Saint-Gobain Performance Plastics Corp., addressed the issue of whether the Fair Labor Standards Act (FLSA) protects employees from retaliation for making oral complaints.
5 minute read
May 04, 2011 | The Legal Intelligencer

Justices Agree to Hear Bias Case, 'Ministerial Exception' Issue

As a general matter, courts try to stay out of employment discrimination cases filed against religious organizations. Originally, Title VII of the Civil Rights Act of 1964 shielded religious organizations from religious discrimination claims by employees.
6 minute read
June 24, 2011 | The Legal Intelligencer

Court Affirms $187.6 Mil. Verdict Against Wal-Mart for Missed Breaks

The Superior Court of Pennsylvania upheld a class action award of $187.6 million against Wal-Mart and Sam's Club in favor of 187,000 hourly employees employed by the companies in Pennsylvania between 1998 and 2006.
5 minute read
August 26, 2011 | The Legal Intelligencer

Internal Review Does Not Relieve Employer of 'Cat's Paw' Liability

Applying the recent U.S. Supreme Court precedent from Staub v. Proctor Hospital, a unanimous 3rd U.S. Circuit Court of Appeals decision determined that an internal and supposedly independent disciplinary review of an employee does not necessarily protect the employer from liability for a supervisor's unlawful discrimination. This is commonly known as the "cat's paw" theory of liability.
5 minute read
December 03, 2010 | The Legal Intelligencer

EEOC Issues Regulations on Genetic Information

On Nov. 9, the Equal Employment Opportunity Commission published its final regulations implementing the Genetic Information Nondiscrimination Act of 2008.
6 minute read
May 24, 2013 | The Legal Intelligencer

Detrimental Impact of Proposed Discovery Limits on Employees

Fewer depositions, reduced number of interrogatories, less requests for admissions and a proportionality requirement in discovery. This could be the new face of discovery under proposed rule changes to the Federal Rules of Civil Procedure.
8 minute read
January 29, 2010 | The Legal Intelligencer

Sex-Based Profanity, Even if Directed at Others, Can Create Hostile Workplace

For years, courts have grappled with what type of conduct constitutes a hostile work environment.
6 minute read
March 27, 2009 | The Legal Intelligencer

3rd Circuit Punts on Issue of Testimony From Interested Witnesses

In a quiet, non-precedential opinion handed down Feb. 24, the 3rd U.S. Circuit Court of Appeals declined an opportunity to clarify what weight, if any, testimony from interested witnesses should receive in a motion for summary judgment. In doing so, however, the court sent a resounding message about what evidence is necessary to overcome a motion for summary judgment.
8 minute read