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Researchers identify at least three different forms of sexual harassment. "Gender hostility" refers to derogatory comments or actions that invoke sex or gender, rather than explicit requests for sex. Sexist hostility is specific to gender (for example, someone makes a joke about women in a...
Workplace Sexual Harassment Until very recently, sexual harassment in the workplace was tolerated, joked about, and simply accepted. The term "sexual harassment" was not created until the mid-1970s. It did not become part of the Civil Rights Act until 1980 when new guidelines were added...
What is Employment Law? Employment law regulates employers' treatment of employees. It says that employers can't discriminate against employees because of race, gender, pregnancy, national origin, age, religion or disability. It says that supervisors cannot sexually harass women at work...
What are the laws protecting employees who blow the whistle on government fraud? The False Claims Act (FCA) allows any person who discovers that a government contractor is defrauding the federal government to report it, and then to sue the wrongdoer, following specialized procedures, on behalf...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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.