Lamberton Law Blog
Stay up to date on current developments in employment law and at the Lamberton Law Firm
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Is An Accommodation Always Required?
Not always, according to a recent opinion from the 4th Circuit Court of Appeals. Jeffrey Jessup sued Barnes Group, Inc. under the ADA and claimed that the employer did not provide a reasonable accommodation for his disability. Unfortunately for Mr. Jessup, he repeatedly claimed that he was...
Your cell phone and your legal case
In employment litigation, the parties often take a keen interest in electronically stored information (ESI). And one of the most fertile sources of ESI is the ubiquitous cell phone. The ESI it contains can make or break a case. It can prove that a plaintiff was harassed or suffered severe...
What is Sexual Harassment?
It is against the law to harass someone (an applicant or employee) because of that person's sex. Harassment can include sexual harassment or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a...
The Price of Discrimination Is Getting Cheaper Each Year
I have always thought it contradictory that we proclaim strong national policies against intentional discrimination in the workplace but then cap the damages available to victims of discrimination. If we are serious about our commitment to preventing discrimination at work, we must abolish...
We help whistleblowers
Companies that do business with the government are held to the highest ethical standards. Claims for taxpayer funds may not be payable if the employer has failed to comply with applicable regulations or contract provisions. To fight back against fraudsters, Congress passed a powerful law called...
Sexual harassment at work
We have seen a significant increase recently in sexual harassment cases involving senior corporate executives. When sexual harassment is perpetrated by a member of the C-Suite (for example, the CEO, COO, President, Owner or another senior corporate executive), liability is automatic and strict...
Think you're immune to implicit bias? Think again.
It is well known that people don't always "speak their minds."' Social scientists have long suspected, and now proven, that people don't always "know their mind" because stereotypes and implicit biases operate below the level of conscious awareness. Researchers at Harvard have developed the...
Sex and the Supreme Court
Those reading the newspapers know that the Supreme Court recently ruled in Bostock v. Clayton County that employment discrimination based on sexual orientation or gender status is discrimination based on sex. Why is this so? As I have argued for many years, an employer can't act on the basis of...
Unemployment benefits in Pennsylvania
Governor Tom Wolf announced today the Pennsylvania Department of Labor & Industry (L&I) is implementing new federal unemployment compensation benefits provided by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The COVID-19 relief package temporarily provides an additional $600...
Coronavirus - Know your rights
If a family member or I become sick with the coronavirus, am I allowed to take time off from work? The federal Family & Medical Leave Act (FMLA) allows a qualified employee to take up to 12 weeks of unpaid leave within a 12-month period if they or an immediate family member requires...
Can I be fired if I am scared to come to work because of the Coronavirus?
If you ask for or take leave from work because you fear the Coronavirus and your employer fires you, it has very likely broken the law. You may have a wrongful discharge claim. We are here to help. 412-258-2250 or cal@www.lambertonlaw.com.
Sexual harassment by a manager or co-worker
If you've been sexually harassed or sexually assaulted at work, you may have a claim against your employer for negligent hiring or negligent supervision. Sometimes an employer hires someone it knows or should know has dangerous tendencies. Sometimes an employer learns that an employee is...
Risk factors for sexual harassment
Working in an isolated context. Isolation leaves women vulnerable to abusers who feel emboldened by a lack of witnesses. Frontline reported in 2015 that ABM (described as the largest employer of janitors) had 42 lawsuits brought against it in the previous two decades for allegations of workplace...
Why I hate sexual harassers
I hate sexual harassers because I hate bullies. I hate them because they exploit physical and economic power over women. I hate them because they choose not to control themselves. I hate them because they disrespect women. I hate them because they make the world a less fair and less safe place...
Court sees credibility issues in alleged business judgment
Upholding a jury verdict for the plaintiff in an age discrimination case, the Court in Westmoreland v. TWC Admin. LLC, No. 18-1600 (4th Cir. May 22, 2019) said "Westmoreland[] ... was nearly 61 years of age when fired, TWC terminated her after 30 years of consistently satisfactory work, it replaced.