Philadelphia Employment Law News

November 2012 Archives

Philadelphia Ranked Among Top Cities for LGBT Policies

Philadelphia has been ranked as one of the top cities in the nation for LGBT equality by The Human Rights Campaign, reports South Florida Gay News.

Over 137 cities were evaluated for their policies and practices with regards to the LBGT population.

The rating system focused on several factors, including non-discrimination laws, relationship recognition, employment practices, inclusiveness in city services, law enforcement and municipal leadership.

Breastfeeding Not Protected Under the Pregnancy Discrimination Act

An interesting case came out of Houston this year. It’s interesting, indeed, for new moms who wonder what their rights are in the workplace.

Specifically, a Texas court found that breastfeeding was not a “pregnancy related condition” under the Pregnancy Discrimination Act.

Of course, because this is such a nuanced topic, not all would agree. That’s why the case is now up before a federal appeals court.

Prevent Sexual Harassment During the Holidays

With the holidays coming up, a little bit of egg-nog and some mistletoe can go a long way. All the way to a sexual harassment lawsuit, that is.

So with the holidays approaching, what can employers do to protect themselves from these lawsuits? And what do employees need to know about what is appropriate and what constitutes sexual harassment?

Handling Difficult People is Key to Surviving a Toxic Workplace

Many job-related problems could be avoided if we knew how to manage difficult people. If we could nip the problem in the bud, then we wouldn't have the need to go to a lawsuit.

And even if an employment lawsuit is inevitable, there are still ways to arm yourself gracefully, while gathering the evidence needed for your lawsuit. The truth is that the grounds for a wrongful dismissal lawsuit start well in advance. For instance, maybe you have a difficult boss and that boss starts making your life a living hell.

Judges Sue Governor For Age Discrimination in Constitution

Here's a unique age discrimination case coming out of the Philadelphia judiciary.

Literally, this case comes from judges. That's because the case involves several judges who are suing. These judges, all six of them, are suing Pennsylvania Governor Tom Corbett, claiming that the Pennsylvania Constitution singles out judges on the basis of their age and orders mandatory retirement.

The judges include four from the Philadelphia Common Pleas Court.

Filing an EEOC Complaint: The Basics

Anyone who has faced unfairness or discrimination at work might look into their legal recourse. And if you're in that boat, you might find yourself asking the basic threshold questions:

What did I do wrong?

Have I been discriminated against?

Is their treatment of me legal?

What do I do next?

One of the discriminated employee's first recourses is to go and file a complaint with the EEOC, or the Equal Employment and Opportunity Commission.

Rite Aid to Pay $250,000 for Violation of ADA

The Philadelphia Office of the Equal Employment Opportunity Commission dealt a blow to the Rite Aid pharmacy, according to a news release on November 7.

Rite Aid will now have to pay $250,000 to settle a discrimination claim brought by a former Rite Aid employee.

The complaint claims that the pharmacy terminated the employee because he had epilepsy and had previously filed a discrimination complaint against the pharmacy for being denied promotions.

Ellen Pao: The Woman Who Shook Up the Big Boys Club

If you’ve seen the most recent cover of Fortune Magazine, you’ll see the images of a woman named Ellen Pao.

Her story, as she tells it, is the classic tale of discrimination and retaliation. And if you’ve ever worked at a large law firm or major consulting firm, it’s also a tale you might be familiar with.

It’s the story of the whistleblower who is more of a troublemaker. At least that’s the story that the Big Boys like to spin, once someone complains. The thing is that if you work at one of the high-flying industries — law or finance, for example, you know the unwritten rule: Don’t rock the boat, or you’ll never work in this town again.

And rock the boat is just what Ellen Pao did.

Obama 2.0: What Re-election Could Mean for Job Growth

This week, President Obama was re-elected to office. He will serve again as a second-term president.

But many are unsatisfied with his job creation policies from his first term, despite the fact that he was able to lower the unemployment rates. His opponents and critics say hasn't done enough to help small businesses expand to create jobs, writes The Associated Press.

And as you may know, small business success is intrinsically tied to job growth, in many ways. After all, if small businesses aren't hiring, then we have a serious problem with job growth.

Why the Comcast Supreme Court Case Matters in Employment Law

Did you know that Comcast's recent Philadelphia lawsuit before the U.S. Supreme Court has legal roots in employment law?

Well, that might be a slight overstatement on the relationship between employment law and the current class action lawsuit Comcast's case. However, much of the law used in Comcast's case comes from an employment discrimination case that was heard before the Supreme Court last year.

But wait, the Comcast case has nothing to do with employment law. It's a case involving Coast's business practices and its monopoly in the cable market in Philadelphia, right?

Employment Issues and the 2012 Election

With Election Day fast approaching, let's address a few last-minute employment issues leading up to the election.

The final jobs report before Election Day is in, and it's showing that the unemployment rate is at 7.9 percent.

GOP challenger Mitt Romney pounced on that figure, stating that it was lower than what then-candidate Barack Obama promised when he ran for election back in 2008.

But as President Obama's team points out, he took office in one of the worst periods of unemployment and since then, the nation has seen 25 consecutive months of job growth.

Graham Spanier, the Alleged Sandusky Cover-Up, and Retaliation

More news regarding the Penn State/Jerry Sandusky scandal. Reports are now emerging that Graham B. Spanier has been charged with eight criminal counts including obstruction of justice, perjury, and endangering a child, reports The Philadelphia Inquirer.

Spanier was president of Pennsylvania State University before the Sandusky scandal blew up.

According to Pennsylvania State Attorney General Linda Kelly, Spanier's inaction was not inadvertence and oversight, but rather part of a "conspiracy of silence by top officials at Penn State."