From the Third Circuit Court of Appeals, we have a reminder that employees who request reasonable accommodations are not immune from disciplinary action, including termination. Stanley Kieffer was an employee of CPR LLC from 2003 to 2008, and again from 2010 to 2013. He began working at CPR LLC’s sister company, CPR Inc., in January 2014, and left in June of that same year. While he was employed at CPR LLC, Kieffer worked supervising disaster cleaning projects, and it was in this capacity that he injured his shoulder. From there, his troubles only continued. Continue reading
One of the most anticipated rulings of the Spring Term was issued by the Supreme Court on June 4, 2018. In a 7-2 decision, the Court ruled that baker Jack Phillips was treated with hostility for his religious views by the Colorado Civil Rights Commission when they ruled that he could not refuse to make a gay couple a wedding cake. Continue reading
A three-judge panel decided, after less than 30 minutes of conferring, to uphold a decision from the District Court for the Eastern District of Pennsylvania, allowing transgender students to use the bathroom that matches their gender identity.
In 2016, Boyertown School District updated their school policy, allowing transgender students to use the bathroom that corresponds with their gender identity (rather than their anatomical sex). The school district also provided single-stall showers and single-stall bathrooms that students who felt uncomfortable using another bathroom could use. Continue reading
Thomas Vaughan Jr. worked at Boeing’s Ridley Park plant for 18 years, most recently as a composite fabricator. But in 2013, he began having issues. That year, he was briefly terminated following an altercation with a supervisor. His termination was revoked, however, after the Union negotiated a settlement, allowing him to return to work in October 2013, under a “Last Chance” Agreement. Continue reading
The anti-vaccination movement has been gaining traction in the United States for several years, much to the chagrin of safety-minded employers. While businesses offer ever broader benefits to limit the business impact of nationwide pandemics, including on-site flu clinics, many employees are refusing to participate and lowering the efficacy of vaccinations for those who do. In an effort to protect their decision-making, anti-vaccination employees are claiming that their decisions are motivated by “sincere and strongly held beliefs” that are tantamount to a religious conviction. The U.S. Court of Appeals for the Third Circuit, the appellate court responsible for reviewing all federal trial court decisions in Delaware, Pennsylvania, and New Jersey, has rejected this argument. Continue reading
If you attended our Annual Employment Law Seminar on April 12, then you already know that the ways in which employers deal with sexual harassment is changing. Even if you didn’t attend, you probably have a sense that the cultural attitude towards sexual harassment is changing. This is primarily due to movements like #MeToo and #TimesUp that are striving to bring attention and accountability to issues of sexual harassment. Continue reading
A bill pending in the Delaware legislature would expand the state’s anti-discrimination statute. House Bill 4 would prohibit discrimination on the basis of domestic violence, sexual offense, or stalking. If passed, the bill would have important implications for Delaware employers. Here’s what you need to know. Continue reading