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Employment Law

Harassment victim can’t choose punishment

04/09/2018
Employers have an obligation to investigate and come up with an effective way to stop harassment and prevent it from happening again. However, that doesn’t mean the alleged victim gets to choose the remedy.

Can’t explain firing? Better call your lawyer

04/09/2018
Employers that can’t provide a good, business-related explanation for every termination are courting legal trouble. Unless an employer can justify its action, an employee who sues for discrimination will find it relatively easy to get the case in front of a jury.

Schneiderman: Personal liability in Weinstein case

04/09/2018
In court documents related to the state of New York’s sexual harassment lawsuit against the Weinstein Company, Attorney General Eric Schneiderman leveled blistering criticism at the film production firm’s embattled founder Harvey Weinstein. But he wasn’t Schneiderman’s only target.

EEOC pursues service-related harassment

04/05/2018
The EEOC is putting employers on notice that it will vigorously enforce the rights of employees who serve in the National Guard or military reserves or who are veterans.

Bill would make it harder to file ADA accessibility lawsuits

04/03/2018
If enacted, H.R. 620 would require plaintiffs filing accessibility complaints under Title III of the ADA to first contact the business to provide them an opportunity to make repairs before any legal action is taken.

Snapshot: Disability discrimination charges, 2007 – 2017

04/03/2018
Annual EEOC disability discrimination charges, up 51% since 2007, reached a high of 28,073 in 2016.

2nd Circuit rules: Anti-gay bias is sex discrimination

04/03/2018
The 2nd Circuit joins the 7th Circuit in ruling that sexual orientation is protected from discrimination, a position contrary to that taken recently by the 11th Circuit.

Jenkintown, Pa. pub cooked books in addition to meals

04/03/2018
The owner of Drake Tavern in Jenkintown, Pa. will serve up $25,902 in back wages and an equal amount in liquidated damages to 50 employees after investigators from the U.S. Department of Labor’s Wage and Hour Division discovered that managers consistently altered employee time card.

Document details to show why discipline differed

04/03/2018
If you hand out different discipline for two employees who commit similar violations, make sure you document exactly why. That way, if you are later sued, you can explain the difference.

Court punts on blaming employer for subordinate’s bias

04/03/2018
The 3rd Circuit Court of Appeals, which covers Pennsylvania employers, has dodged deciding whether a subordinate’s bias can be imputed to the employer.