I did very good well on my math SATs. But, here’s some simple math: Fired for posing at work in KKK garb and makeshift crosses + Meyer’s blog fodder = Don’t appeal your race discrimination loss Welp, the Caucasian plaintiffs in this case doubled down on stupid and lost at…
Articles Posted in Pennsylvania
3d Cir: No serious health condition? No problem. You too may have FMLA rights.
Yep, in this precedential opinion, the Third Circuit Court of Appeals created a Family and Medical Leave Act loophole that could protect “the most frivolous leave requests.” Folks, if your business is covered under the FMLA, and you’ve ever had to deal with a questionable medical certification for an employee’s serious…
Your employee has a fragrance allergy. What does the ADA require you to do?
This can be a really difficult situation. Just ask a local Pennsylvania employer. In Brady v. United Refrigeration, Inc. (opinion here), the plaintiff suffered from heightened sensitivity to perfumes, fragrant chemicals, and lotions. After she told her employer, the company attempted a number of accommodations: Purchased a portable air cleaner for use…
Federal judge reincarnates atheist’s religious bias claims
And the Czech judge scored my lede a 4.3. Well, the second she starts paying my legal bills, maybe, I’ll give a damn. Until then… What was I talking about? Oh yes, religious discrimination. Over the weekend, I read this PA federal court opinion about an atheist who claimed that his…
Can you smack your sexual harasser, complain, and still claim retaliation?
Not exactly a happy workplace trinity, but it’s what fuels The Employer Handbook. That and Jolt-Cola Bombs. The plaintiff in this case claimed that she was sexually harassed by her male supervisor for over a year. The court’s opinion details alleged comments and groping in vivid detail. (No recap here. I plan to keep my…
The pharmacist who refused to give flu shots lost his age discrimination claim
In a world, where an employee cannot prove age discrimination after getting fired for playing golf during his medical leave, comes the story of a pharmacist *** dramatic pause *** who wouldn’t give flu shots. While we wait for Hollywood to greenlight this movie — I’m thinking Gary Oldman as the pharmacist and…
Consider requiring your new independent contractors to release employment claims
What the hell are you talking about, Eric? Why would we make an independent contractor sign a release of employment claims before starting work for our company? So glad you asked. Although, I’m not sure I like your tone. *** takes pills *** Many years ago, Allstate Insurance restructured its business,…
Will the PA Supreme Court revolutionize non-compete agreements?
I meant to write about this a week or so ago after I saw Dan Packel’s article at Law360. But, then, I got sidetracked with a bunch of NLRB stuff. Until, yesterday, Lizzy McLellan’s article at The Legal Intelligencer brought me back. So, here’s the deal. The basic rule in…
Court gives cold shoulder to frostbite as an ADA disability
See that lede right there! That’s journalism, baby! After the jump, let’s talk about what it means to have a disability under the Americans with Disabilities Act Amendment Act. * * * In Wilson v. Iron Tiger Logistics, the plaintiff, a truck driver, developed frostbite on a bunch of fingers…
Read this before you revoke a job offer in Pennsylvania based on criminal history
Across the country, many states and localities have enacted ban-the-box legislation. In a nutshell, ban the box means that employers cannot inquire about an applicant’s criminal history until after the first job interview. For example, Philadelphia has ban the box. The Commonwealth of Pennsylvania does not. Still, Pennsylvania does have…