Articles Posted in Third Circuit Employment Law 101

| by

noun-morale-149832

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

| by
noun_medical-form_1196104

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

| by
https://www.theemployerhandbook.com/files/2021/08/MaxPixel.net-Relationship-Marriage-Interracial-Couple-Together-1246304.jpg

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

| by
maze-1800993_640

Image by DigitalShards from Pixabay

I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing).

The plaintiffs in those cases were unsuccessful in proving retaliation. And, in the case about which I’m blogging today, the employer almost prevailed on summary judgment too.

Almost. Continue reading

| by

You’ve been here before.

One of your employees just complained about discrimination in the workplace. Or maybe s/he just participated in an HR investigation. A few days or weeks later, s/he violates your work rules and you have clear grounds to fire the employee.

Now you have a conundrum. Do you fire the employee and risk the retaliation claim? Or do you give the employee a pass?
Continue reading

| by
dentist-2351843_640

Image Credit: Pixabay.com

Yesterday, I was reading this case about a woman who was fired while taking leave under the Family and Medical Leave Act. She later sued, claiming FMLA interference; i.e., that her employer had denied her FMLA benefits to which she was otherwise entitled.

An employee fired while on FMLA leave is usually a recipe for trouble for the employer.

But not this time. Continue reading

“Doing What’s Right – Not Just What’s Legal”
Contact Information

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2024, Eric B. Meyer
| All Rights Reserved Worldwide.
JUSTIA Law Firm Blog Design