Articles Posted in Third Circuit Employment Law 101

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An HR employee claimed that her age motivated her employer’s decision not to select her for a Human Resources Talent Consultant (HRTC) position after the company restructured the HR Department.

Why? Because decision-makers allegedly said on a conference call that they were looking for “fresh new blood” to fill the HRTC role.

Is that code for age discrimination?

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Image Credit: Photofunia.com

After a ten-day vacation trip with my family (IYKYK) onboard the S.S. Blog Cruiser Royal Caribbean Adventure of the Seas, I’m back to the reality of practicing employment law and blogging about it.

Today, let’s play some tunes as we gaze into the crystal ball and predict what could be the biggest employment law decision of 2023. Continue reading

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I’ve litigated many battles between companies over trade secrets and non-competition and non-solicitation agreements. The tie that binds them all is that these cases are expensive to prosecute and defend. Continue reading

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Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on religion. This includes refusing to accommodate an employee’s sincerely held religious beliefs or practices unless the accommodation would impose an undue hardship.

An “undue hardship” results in more than a de minimis cost to the employer. Objectively, paying more overtime is one example.

But what about when accommodating one employee lowers morale for others? Does that create undue hardship? Continue reading

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medical form by Linseed Studio from the Noun Project

I think we all need a break from the COVID-19 vaccination posts. So, let’s address your second-favorite HR topic: FMLA leave administration!!!

Hey, put down that bottle! It’s only 8 am. Continue reading

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Image Credit: MaxPixel.net

A white employee complains in writing that a colleague called his biracial grand-niece a “monkey” and texted him racially offensive comments about his coworkers. Within months, the employer fired the complainant.

Is this retaliation? Continue reading

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