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Articles Posted in Pennsylvania

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Third Circuit Employment Law 101: Who Does The FMLA Cover?

My blog designers told me that if I want to build SEO — that’s Search Engine Optimization to you rookies — I’d better write about employment law issues affecting Pennsylvania, New Jersey and Delaware (duh!) and “optimize” my blog post titles with the keywords near the front. Learn more about…

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Third Circuit Employment Law 101: Constructive Discharge

In some cases, a plaintiff will argue as part of his Title VII discrimination action that his former employer didn’t fire him. But rather he was constructively discharged. That’s fancy speak for being forced to resign. But here in Pennsylvania, New Jersey, and Delaware, a plaintiff can’t just prevail in…

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Third Circuit Employment Law 101: Quid Pro Quo Harassment

Robert Rank-And-File, an employee of Pennsylvania-New Jersey-Delaware, Inc., claims that Sally Supervisor told him, “Sleep with me, or you’re fired!” Robert declines Sally’s advances only to have Sally fire him. If Robert decides to pursue an action under Title VII against Pennsylvania-New Jersey-Delaware, Inc., how can he prevail at trial?…

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Third Circuit Employment Law 101: ADA Mixed-Motive Disparate Impact Claims

Look what just arrived in today’s mail. It’s a charge of discrimination from the United States Equal Employment Opportunity Commission. Looks like Robert Rank-And-File — the guy Pennsylvania-New Jersey-Delaware, Inc. fired from data entry — alleges that the company terminated him because he’s disabled. I’ll show you after the jump.…

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Third Circuit Employment Law 101: ADA Defenses – Direct Threat

Can an employer terminate a disabled employee because accommodating the employee would create a significant risk of substantial harm to the employee or others in the workplace? Yes. This is called the “direct threat” defense. To meet its burden, however, the employer must prove the following two elements by a…

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Third Circuit Employment Law 101: What is a Bona Fide Occupational Qualification?

Ever been to a Gentlemen’s Club? (Pause…) (Wait for it…) Me neither. But I hear that dancers tend to have a few physical characteristics in common. Or how about a Chinese restaurant? Ever notice that the employees are all…Chinese? Is that why my job applications always end up in the…

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Third Circuit Employment Law 101: “Regarded as” Disabled under the ADA

The are two classes of plaintiffs who may assert claims under the Americans with Disabilities Act: Those who have a “disability”; and Those who not have a disability but who, nonetheless, are “regarded as” disabled by their employer. We know that a disability is an actual impairment that substantially limits…

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Third Circuit Employment Law 101: Title VII Liability for Non-Supervisors

Our old buddy Robert Rank-And-File from Pennsylvania-New Jersey-Delaware, Inc. is having problems at work again. This time, however, the culprit is not Sally Supervisor. It’s Lisa Leadperson. What is your company’s potential exposure here? Find out after the jump. Oh, that Lisa! She must not have been paying too much…

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Third Circuit Employment Law 101: Failure to Rehire as an Adverse Employment Action

Did you know that in Pennsylvania, New Jersey and Delaware, under Title VII, an employer that fails to renew an employment contract or “at will” employment arrangement violates Title VII if the reasons for the employment action violate Title VII (e.g., are on the basis of a protected class)? It’s…

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Third Circuit Employment Law 101: Title VII and ADA Damages

As some of you know, I serve as a pro bono mediator for the United States Equal Employment Opportunity Commission. Even though I’ve only been at it for about year, I’m starting to see the same faces. Most of the attorneys know the EEOC-enforced discrimination laws like the back of…