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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, representinDeputy'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.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.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.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.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.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.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.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.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.Trending Stories
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