Pennsylvania

Every state in the Third Circuit now recognizes LGBT rights at work. Third Circuit not so much for now.

August 22, 2018 | by Eric B. Meyer

Public Domain, Link

It’s right there in the statute.

Under New Jersey and Delaware state law, you can’t discriminate against an employee based on his or her sexual orientation or gender identity.

Now, you won’t find the words “sexual orientation” or “gender identity” anywhere in the Pennsylvania Human Relations Act. But, starting this month, the Pennsylvania Human Relations Commission is treating both “sexual orientation” and “gender identity” as protected classes.

“Speak, English, Eric!”

LGBT discrimination is against the law in all three states in the tri-state area — at least according to the state agencies that administer each law. Continue reading

Which law firms would I recommend that you use to sue your employer?

August 20, 2018 | by Eric B. Meyer

I’ll wait patiently while you pick your jaws up off the floor.

I want some of what you’re having, Eric. Have you lost your freaking mind, Eric?

Nope, I’m good. Continue reading

My conversation with the lawyer who, IMHO, just earned the biggest employment law win of 2018.

July 13, 2018 | by Eric B. Meyer

By Chris Potter (Flickr: 3D Judges Gavel) [CC BY 2.0 ], via Wikimedia Commons

Yesterday, I blogged here about the most important employment law decision of 2018. It’s a case called Minarsky v. Susquehanna County (opinion here).

If you missed my post, well, it was long. 1,888 words long. So, here’s the super-condensed version: The Third Circuit Court of Appeals concluded that a plaintiff might not complain about sexual harassment at work for several years but still have a viable hostile work environment claim if she genuinely believed — and the record supported — that it would be pointless to do so. Continue reading

It’s the most important employment law decision of 2018

July 12, 2018 | by Eric B. Meyer

By Wolfmann [CC BY-SA 4.0 ], from Wikimedia Commons

Minarsky v. Susquehanna County (opinion here) is a sexual harassment case. And there’s a lot to discuss. But the biggest takeaway is that any subsequent employer-defendant asserting a Faragher/Ellerth defense in the Third Circuit will find it very difficult to obtain summary judgment on any hostile work environment claim. Continue reading

You may be able to litigate older trade secret misappropriation claims in federal court. Here’s how.

June 20, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/stamp-characters-label-informant-143799/)

Until a few years ago, if an employer wanted to pursue a claim for misappropriation of trade secrets, it probably had to do so in state court under state law. The Defend Trade Secrets Act of 2016 changed all that. The DTSA is a federal law that created a private federal civil cause of action for trade secret misappropriation. So, now, if an employee takes your precious trade secrets, you can sue under federal law in federal court. And, in certain circumstances, you can collect your attorney’s fees if you prevail. The DTSA has real teeth!

But, what if you learn that an employee misappropriated your trade secrets before the DTSA took effect on May 11, 2016. Are you stuck in state court? Continue reading

Why would a judge have awarded UC benefits to a white guy fired for making racial slurs?

June 15, 2018 | by Eric B. Meyer

Image Credit: Pixabay.com (https://pixabay.com/en/eyes-surprise-wow-expression-open-312093/)

Yesterday morning, I read my friend Jon Hyman’s post on LinkedIn about a lawsuit in which a person of color alleged that various supervisors and managers:

Frequently called him the “n-word”;
Told him to “reach his black hands out” while handing him a box; and
Offered him a banana while saying, “Monkeys like bananas.”

Allegedly, a group of white employees also hung a sign in the workplace that said, “WHITE ONLY.” Continue reading

I’m gonna throw a little employment law at this Matt Patricia – Detroit Lions Sexual Assault saga

May 11, 2018 | by Eric B. Meyer

By Governor Tom Wolf from Harrisburg, PA [CC BY 2.0], via Wikimedia Commons

On February 5, 2018, the Detroit Lions named former New England Patriots Defensive Coordinator Matt Patricia as the team’s new Head Coach.

Maybe, Lions ownership missed Super Bowl LII and the 41 points that the Philadelphia Eagles dropped on Mr. Patricia’s garbage Patriots defense.

Oh, sorry.

The Philadelphia Eagles Super Bowl LII victory over the New England Patriots, which gave the Eagles one more Super Bowl win (1) than the Dallas Cowboys have total playoff wins in the last 20 years (0), is not the point of this post.

The point is that, on Wednesday, Robert Snell of the Detroit News reported (here) that Mr. Patricia was indicted for aggravated sexual assault in 1996, something missed in the Lions background check.

And the real question is… Continue reading

Want to see me testify today on harassment and sexual misconduct in the workplace? Here’s how…

April 24, 2018 | by Eric B. Meyer

Ad Meskens [Attribution, CC BY-SA 3.0 or GFDL], from Wikimedia Commons

I’ll be testifying today before the Pennsylvania House Labor and Industry Committee at a public hearing on harassment and sexual misconduct in the workplace. Continue reading

Bookmark This: Starbucks and a lesson on leadership and accountability

April 17, 2018 | by Eric B. Meyer

Screenshot taken from https://news.starbucks.com/views/a-follow-up-message-from-starbucks-ceo-in-philadelphia

Starbucks was riding a pretty good HR streak in 2018. Among other things, the coffee giant had attained 100% gender and racial equality and announced investments in paid leave. Yep, things were lookin’ really good for Starbucks.

Then, last week, things got really bad. Continue reading

Lawsuit: No, it’s not okay to access a vacationing co-worker’s social media at the office

February 21, 2018 | by Eric B. Meyer

https://www.theemployerhandbook.com/files/2018/02/maxpixel.freegreatpicture.com-Facebook-Mobile-Texting-Smartphone-Facebook-Lite-3021068.jpg

Facebook Mobile Texting Smartphone Facebook Lite (Image Credit: http://maxpixel.freegreatpicture.com/Facebook-Mobile-Texting-Smartphone-Facebook-Lite-3021068)

During a week-long vacation from work, a Pennsylvania woman claims that some colleagues logged into her Facebook account from work and reviewed her Facebook Messenger messages, among other things. The woman further claims that when she returned to work from vacation, her employer fired her because “things had come to light.”

And now she’s suing in federal court.