• Discrimination at its essence

    The Third Circuit’s recent decision in Hassan v. City of New York, — F.3d —, 2015 WL 5933354 is a welcome reminder that the Court understands the real harm inflicted by discrimination. Discrimination is not, and I repeat not, principally an economic tort. Economic losses often result from discriminatory decisions, but discrimination is more about the dignitary – some would sa ...

    Lamberton Law Firm, LLC- 13 readers -
  • Supreme Court speaks on Pregnancy Discrimination Act

    Today the Supreme Court issued a fractured opinion announcing new law on the Pregnancy Discrimination Act. The Act provides that “women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes . . . as other persons not so affected but similar in their ability or inability to work . . . .

    Lamberton Law Firm, LLC- 16 readers -
  • To politely correct the Third Circuit

    The plaintiff in Jones v. Southeastern Pennsylvania Transp. Authority, — F.3d — , 2015 WL 4746391 (August 12, 2015) brought a retaliatory discharge claim. The employer asserted that it fired the plaintiff for falsifying time sheets. The plaintiff argued that she was fired for prior protected activities. One of the plaintiff’s arguments was that she had not falsified her time sheets.

    Lamberton Law Firm, LLC- 11 readers -
  • Dos and Don’ts on discrimination complaints

    How you complain about discrimination at work can make the difference between a success and failure on a retaliation claim. So here are some tips on what to do and what not to do when you are complaining about workplace discrimination. DO: Consult with a lawyer. Complain in writing. Complain promptly. Complain to your supervisor, someone above your supervisor or to human resources.

    Lamberton Law Firm, LLC- 11 readers -
  • A word of caution for job applicants with criminal history

    Employees with criminal backgrounds who are thinking about changing jobs should proceed one step at a time. We have seen many cases where an employee with a criminal history applies for a job with a different employer, goes through the interview process, and receives an oral offer of employment. The recruiting manager asks about starting dates and says welcome to the team.

    Lamberton Law Firm, LLC- 11 readers -
  • Employer short on direct threat defense

    The district court in Pollard v. Drummond Co., Inc., No. 12-03948 N.D. Al. (Sept. 15, 105) found a fact question on whether a coal miner using methadone to control back pain was a direct threat under the ADA. A “direct threat defense must be based on a reasonable medical judgment that relies on the most current medical knowledge and/or the best available objective evidence, a ...

    Lamberton Law Firm, LLC- 9 readers -
  • When protected activity and insubordination collide

    In Yazdian v. ConMed Endoscopic Tech., Inc., No. 14-3745 (6th Cir. July 14, 2015), the Sixth Circuit reversed summary judgment for the employer, finding that the employee’s complaints could reasonably be understood as complaints of race discrimination, and that there was both circumstantial and direct evidence of causation.

    Lamberton Law Firm, LLC- 8 readers -
  • Legal Rights for Pregnant Workers under Federal Law

    If you are pregnant, have been pregnant, or may become pregnant, and if your employer has 15 or more employees, you are protected against pregnancy-based discrimination and harassment at work under federal law. You may also have a legal right to work adjustments that will allow you to do your job without jeopardizing your health. 1.

    Lamberton Law Firm, LLC- 18 readers -
  • Equifax proves case against forced arbitration

    By David Dayen, The Intercept – EQUIFAX, THE CREDIT REPORTING BUREAU that on Thursday admitted one of the largest data breaches in history, affecting 143 million U.S. consumers, is maneuvering to prevent victims from banding together to sue the company, according to consumer protection advocates and elected officials.

    Lamberton Law Firm, LLC- 15 readers -
  • New post

    Consistent with our precedent, a plaintiff alleging retaliation has a lesser causal burden at the prima facie stage. See e.g., Doe v. C.A.R.S. Prot. Plus, Inc., 527 F.3d 358, 365 (3d Cir. 2008) (“[T]he prima facie requirement for making a Title VII claim ‘is not onerous’ and poses ‘a burden easily met.’” (quoting Texas Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 253 (1981))).

    Lamberton Law Firm, LLC- 15 readers -
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