Compliance Stuff

Employment  discrimination  lawsuits are almost invariably triggered by an “adverse action.” The standard burden-shifting framework for a plaintiff to prove her  prima facie  Title VII discrimination case reads: A plaintiff must present sufficient evidence that she was: 1) a member of a protected class; 2) qualified for the position; 3) suffered an adverse employment action; and 4) under circumstances giving rise to an inference of discrimination.   See  Jones v. School District of Philadelphia,  198 F.3d 403 at 410-411 (3d Cir., 1999);   Boykins v. Lucent Tech., Inc.,  78 F.Supp.2d 402, 409 (E.D.Pa.2000) ;  see also  In re Carnegie Ctr. Assocs.,  129 F.3d at 294-295  (citations omitted). Most often, an adverse employment action in the employment discrimination context is a termination. However, there are other types of adverse employment actions, which can help a plaintiff satisfy her  prima facie  burden. For e...

’Twas the week after the holidays… ’Twas the week after the holidays, when all through the office, The parties were over, but not every consequence. The bonuses were issued, the PTO was spent, But those few awkward moments can become a lament. While the winter holidays may be winding down, the real workplace challenges often emerge  after  the decorations come down. New complaints surface, feelings about bonuses linger, and questions arise about any new changes implemented by the organization. To help employers manage the post-holiday fallout (and start the new year on steady footing), here are some seasonally inspired reminders to keep in mind. Silent Night? Not Quite: When Holiday Issues Surface Later Holiday gatherings may be over, but concerns often arise days or even weeks afterward. Take employee complaints seriously, regardless of whether the incident occurred weeks ago. Investigate promptly and ensure all complaints are handled consistently. Avoid common missteps, such...

Pennsylvania just became the latest state to enact hair-based antidiscrimination protections in the workplace and beyond, and employers must get familiar with new rules before they take effect in January. We’ll answer your top questions and offer practical steps you should consider taking now to ensure compliance and avoid potential litigation. What is the CROWN Act? Gov. Josh Shapiro signed a bill ( HB 439 ) into law on November 25 known the Creating a Respectful and Open World for Natural Hair (CROWN) Act . The new law amends the Pennsylvania Human Relations Act (PHRA) – which applies to employers with at least four employees in the state (subject to limited exceptions) – to explicitly ban discrimination based on an individual’s hair type or style if it is historically tied to their race or religion. What’s the larger context? More than half the states across the US have enacted their own versions of the CROWN Act, and similar protections have been in place for years in pockets of P...

At a Glance This Littler Lightbulb highlights some of the more significant employment and labor law developments in the federal courts of appeal in the last month. Seventh Circuit Affirms Summary Judgment for University in Professor’s Race Bias Suit Saud v. DePaul University , 154 F.4th 563 (7th Cir. 2025), involved a former university professor’s claim of race discrimination in violation of 42 U.S.C. § 1981 based on the university’s decisions (1) not to rehire him as an adjunct professor and (2) deeming him ineligible for future employment. In response, the university argued it based its decisions on (1) its investigation of allegations in a separate lawsuit filed by one of the professor’s students claiming he improperly induced her to have sexual relations, (2) two additional reports of potential misconduct, (3) low projected enrollment in the professor’s courses, and (4) the plaintiff’s request for a higher salary than the department had authorized for the adjunct position. The dist...

Sometimes employees get arrested for alleged crimes while off duty, and it’s better for employers to be prepared and know what to do beforehand than to find themselves in legal jeopardy after the fact. The right move for employers depends on the type of alleged crime, the type of job, and the location. Quick Hits Employers may have to deal with workflow or staffing issues, or even reputational harm, when an employee is arrested for an alleged crime while off duty. A workplace investigation may be needed in some cases to decide the proper disciplinary action. State laws, employment contracts, union contracts, and employee handbooks may play a role in determining any disciplinary action. One of the first steps an employer can take after an employee is arrested is to assess whether the conduct violated professional ethics rules, the employee handbook, or the union contract. Many employers stipulate in their employee handbooks or union contracts that employees must act in an ethical, pro...