Lamberton Law Blog
Stay up to date on current developments in employment law and at the Lamberton Law Firm
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What to do when you're terminated
Verify the reason for your termination If you were fired, attempt to obtain a written statement of the reason(s) for your termination. If you cannot obtain a statement in writing ask your supervisor or manger to tell you the reason. Then write down for yourself the stated reason and include the...
Equifax proves case against forced arbitration
By David Dayen, The Intercept - EQUIFAX, THE CREDIT REPORTING BUREAU that on Thursday admitted one of the largest data breaches in history, affecting 143 million U.S. consumers, is maneuvering to prevent victims from banding together to sue the company, according to consumer protection advocates...
IBM collective action waivers and private arbitration
Is IBM ingenious or has it shot itself in the head? Time and the Supreme Court will soon tell. As those following IBM's force reductions over the last few years already know, IBM stopped asking its terminated older workers for releases of their federal age discrimination claims in 2014. By not...
Racism, American style
Slavery was brought to North America in the 1600s, where it took hold in colonies established by white Europeans who relied for money on the sale of tobacco and cotton. White plantation owners prospered on the backs of slave laborers. England's effort to assert control over the colonies by...
Donald Trump, the FBI and pretext
President Donald Trump's recent termination of FBI Director James Comey belongs in a textbook on employment discrimination. It shows the way employers can get into legal trouble when firing an employee. It is such a textbook example of a "bad termination," in fact, that an employer seeking to...
Ageism is all around us
We cannot forget that ageism is the most socially condoned form of discrimination in the United States. This clip from SNL reminds us of some common ageist stereotypes. Carvey's character is called "Grumpy Old Man." Grumpiness would be the first ageist stereotype. The "resistant to change"...
Mayor Bill Peduto shows courage and leadership
One of the many reasons I strongly support Pittsburgh Mayor Bill Peduto is because of his political courage and willingness to do what is right. I take the liberty of re-posting Mayor Peduto's full Statement in Response to President Trump's Executive Orders Regarding Immigration: "The resident...
Lamberton elected President of Western Pennsylvania Employment Lawyers Association
Charles A. Lamberton has been elected President of the Western Pennsylvania Employment Lawyers Association ("WPELA"). WPELA advances employee rights and serves lawyers in Western Pennsylvania who advocate for equality and justice in the workplace. WPELA is dedicated to promoting the interests of...
Court finds sexual orientation discrimination is sex discrimination
The Hon. Cathy Bissoon, District Judge for the United States District Court for the Western District of Pennsylvania, has just held: "There is no more obvious form of sex stereotyping than making a determination that a person should conform to heterosexuality. As the EEOC states...
Tips for your anti-discrimination policy
The EEOC recently posted some tips for employers looking to develop an anti-discrimination policy. The EEOC advises employers to: State that discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, age...
Sexual harassment by senior executives
We have seen a significant increase in sexual harassment cases involving senior corporate executives. For those unfamiliar with the legal rules that apply in sexual harassment cases, employers are liable for sexual harassment by co-workers only if the employer was negligent in discovering or...
Legal Rights for Pregnant Workers under Federal Law
If you are pregnant, have been pregnant, or may become pregnant, and if your employer has 15 or more employees, you are protected against pregnancy-based discrimination and harassment at work under federal law. You may also have a legal right to work adjustments that will allow you to do your job...
Second Circuit clarifies ratios in pregnancy case
A good analysis from the Second Circuit post-Young on a common defense argument - "The defendants perplexingly suggest that these figures show that pregnant employees were not significantly burdened because "only one of 176 COs were affected by this policy." But under Young, the focus is on how...
'Customers First' Becomes the Law in Retirement Investing
The Labor Department, after years of battling Wall Street and the insurance industry, will require financial advisers and brokers to act in the best interests of their clients.
Top Female Players Accuse U.S. Soccer of Wage Discrimination (New York Times)
A compelling piece from Andrew Das of the New York Times. U.S. Soccer, the governing body for the sport in America, pays the members of the men's and women's national team who represent the United States in international competitions. The men's team has historically been mediocre...