Publications
Eastern District of Pennsylvania granted motion to dismiss, finding that sexual orientation discrimination claim is not actionable under Title VII.
The district court in the Eastern District of Pennsylvania was tasked to determine whether the plaintiff, who alleged that he was subjected to gay slurs and physically assaulted at the workplace, could sustain a Title VII claim premised upon sexua
Case Law Alerts, 3rd Quarter, July 2017
Plaintiff’s stomach problem, which caused him to miss two weeks of work, was not a disability pursuant to the ADA.
The court granted the employer’s motion to dismiss the plaintiff’s disability discrimination claim pursuant to the Americans with Disabilities Act, finding that the impairment pled—a stomach problem—did not constitute a dis
Case Law Alerts, 3rd Quarter, July 2017
Pennsylvania Superior Court affirms decision declining to award attorneys’ fees’ following jury’s finding that employer violated the Pennsylvania Human Relations Act.
A jury awarded the plaintiff more than $20,000 in damages in connection with her claim that her former employer terminated her from a pharmacy technician position after it learned that she had been diagnosed with cancer, in violation of the Pennsy
Case Law Alerts, 3rd Quarter, July 2017
Scope and process to be followed when plaintiff seeks production of complaints of similar acts of harassment/discrimination filed by co-workers.
The plaintiff filed a discrimination claim, alleging a hostile work environment, sexual harassment and retaliation. During discovery, the plaintiff sought documents of other employees who had reported alleged acts of sexual harassment.
Case Law Alerts, 3rd Quarter, July 2017
Extent of conduct needed to establish a public accommodation hostile work environment claim.
In a published opinion, the Appellate Division reversed the dismissal of a complaint alleging public accommodation discrimination after finding that the trial court applied an overly restrictive standard for the cause of action.
Case Law Alerts, 3rd Quarter, July 2017
ADA and NJLAD determination of disability for current drug user applies broad interpretation of period of usage.
After being arrested for possession of cocaine while driving a Township vehicle and while on paid working time, the plaintiff claimed that she was disabled and entitled to accommodation in the form of a leave of absence to attend a drug treatment
Case Law Alerts, 3rd Quarter, July 2017
Appreciation of risk of injury is insufficient to allow direct cause of action against employer.
The plaintiff’s employer was contracted to demolish a glass furnace, which required the use of jackhammers to break up a layer of material that lined the inside of the furnace and then putting the “boulders” into bins or onto met
Case Law Alerts, 3rd Quarter, July 2017
Jury waiver of CEPA claim is permitted as long as the terms are clear and unambiguous and show the relinquishment of a known right.
The plaintiff initiated a whistleblower claim against his employer under the New Jersey Conscientious Employee Protection Act.
Case Law Alerts, 3rd Quarter, July 2017
Perceived disability claim can proceed under both NJLAD and ADA regardless of the fact that no actual disability exists.
The plaintiff was diagnosed with Human Immunodeficiency Virus (HIV) in 1993, although he was asymptomatic when he began working for Valcor Engineering in 2010.
Case Law Alerts, 3rd Quarter, July 2017
You only get one bite at the “appraisal” apple.
The Third District Court of Appeals recently affirmed a trial court’s denial of a homeowner’s motion to compel a second appraisal of his windstorm claim.
Case Law Alerts, 3rd Quarter, July 2017