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Pennsylvania Employment Law Archives

Judge Rules Franklin Institute in Violation of ADA

In a recent ruling of the Eastern District of Pennsylvania, U.S. District Judge Gerald McHugh ruled that the Americans with Disabilities Act (ADA) requires personal care attendants, or PCAs, to be given free admission to public accommodations when accompanying their disabled clients.

Is Sexual Orientation Discrimination the same as Sex Discrimination?

With the Equal Employment Opportunity Commission (EEOC)'s recent filing, we may be a step closer to knowing whether Title VII might be interpreted to provide the same protection to sexual orientation as it does to sex discrimination.

Can My Employer Preclude Me From Going To Court Simply Because the Handbook I Signed Contains A Mandatory Arbitration Provision?

Mandatory arbitration provisions in employee handbooks certainly are not new. Indeed, there likely is such a provision in your company's handbook and, while you may not even be aware of it, chances are you agreed to it as a condition to employment and certainly before any dispute arose between you and your employer. Nonetheless, the provision exist, and you can be sure that if a dispute arises between you and your employer your employer will force you to air your dispute in arbitration rather than a court of law. While there are many theories driving your employer's desire to avoid a trial by jury, the most common include the belief that arbitration is a quicker process, oftentimes less expensive then litigating through the court system and perhaps most advantageous to the employer - arbitration offers a private forum where unlawful employment practices are protected from public scrutiny.

Men's Restroom? Ladies' Restroom? Transgender Restroom? Does An Employer have to Offer Its Transgender Employees Unrestricted Access and Use to its Multi-Use Same Sex Restrooms?

Since the much awaited introduction of Caitlyn Jenner - formerly known as Bruce Jenner, the 1976 Summer World Olympics "male" decathlon winner and the famous face of the Wheaties brand cereal box - the issue of transgender persons has been the topic of conversations all across the globe. And, while the concept of a male identity born in a female's body or a female identity trapped inside a male's body certainly is not new, for many it remained a hidden, often tortured truth.

The Supreme Court Decides the Abercrombie & Fitch case - holding Actual knowledge of an accommodation is not a prerequisite to stating a claim under Title VII.

Recall back in April of this year we blogged about the case of Samantha Elauf, a Muslim, who was seeking employment with the well-known clothing chain of Abercrombie & Fitch. A&F you will recall has a "Look Policy" that essentially requires its employees to dress in collegiate type apparel to reflect and coincide with the stores East Coast young adult look.

Is there a gender-based wage gap in Pennsylvania?

Although states are free to set their own minimum wage laws, U.S. Department of Labor data confirms that Pennsylvania's is at the same level as the federal minimum wage.

Must I Mention a Religious Accommodation During My Job Interview?

The United States Supreme Court is looking at this very issue in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, No. 14-86. This case arises out of a 2008 incident whereby now plaintiff, Samantha Elauf, a Muslim applicant, sought employment with Abercrombie & Fitch. At the time, Abercrombie & Fitch maintained a "Look Policy" which generally instructs employees to present themselves, in dress, in accordance with the stores "East Coast-collegiate brand." If an employee violates the Look Policy, such as dressing in black clothes and caps, doing so is grounds for termination or in Elauf's case, a refusal to hire.

Out of Work If You Do, Out of Work If You Don't . . . Just How Ironclad is That Non-Compete You Signed?

At some point in your career you may find yourself asking this very question. Consider the situation where you are offered a job and made to sign an agreement that contains "non-compete/non-solicitation" clauses. Eager to secure the position and no intention of ever leaving, you of course sign and the agreement is buried in your employee file presumably collecting dust.

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