Published: August 15, 2017

Last week, the Third Circuit denied a Pennsylvania-plaintiff’s application to have her retaliation claim against her former employer reinstated. The plaintiff, Mindy Caplan, a former district manager for the retail chain Victoria’s Secret, claimed she was terminated “for opposing racial discrimination in society” after posting two racially-charged pictures on Facebook. Throughout 2014, the plaintiff identified herself as a Victoria’s Secret district manager on Facebook, which was accessible to other Victoria’s Secret employees and the public.

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Published: July 20, 2017

In a decision issued July 14, 2017, the Third Circuit clarified that to prevail on workplace harassment claims, plaintiffs must show that the conduct was “severe or pervasive”—not “severe and pervasive” or “pervasive and regular”—such that one racial slur was sufficient to state a claim for harassment under Section 1981.

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Published: July 5, 2017

In a potentially game-changing decision for employers, the United States District Court for the Southern District of New York denied a former employee’s motion to compel the depositions of her former employer’s three-person Termination Review Committee. Two Committee members were non-attorneys, while its third member was one of its in-house attorneys. Her presence on the Committee, combined with the Committee’s determined role, was ultimately enough to persuade the Court that the Committee’s deliberations were attorney-client privileged.

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Published: June 1, 2017

The Chamber of Commerce for Greater Philadelphia’s lawsuit seeking to block a Philadelphia ordinance that prohibits employers from asking questions about an applicant’s salary history was dismissed by the US District Court for the Eastern District of Pennsylvania on May 30, 2017.  The Chamber has 14 days to file an Amended Complaint to correct a standing issue, according to Judge Mitchell S. Goldberg.
 

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Published: May 30, 2017

Earlier this month, in the first known transgender rights disability discrimination case,  a judge in the US District Court for the Eastern District of Pennsylvania held that a person who suffers from gender dysphoria may be protected by the American with Disabilities Act’s (ADA) prohibition on discrimination in employment.  In particular, Judge Joseph F. Leeson, Jr. held that gender dysphoria does not fall within the category of “gender identity disorders” which are excluded by the ADA, using a narrow interpretation of that term.

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Published: April 19, 2017

On Wednesday, April 5, 2017, the New York City Council approved legislation that will ban employers from requesting or using job applicants’ salary history when making hiring decisions. The law, known as Introduction 1253-A, makes it illegal for any employer and or employment agency in New York City to ask about a job applicant’s salary history, including benefits, or search any publicly available records to obtain such information.

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Published: January 27, 2017

Philadelphia’s mayor signed a law this week that restricts employers from asking job applicants to disclose salary history information or to require disclosure of wage history.  It also prohibits employers from relying on wage history of a prospective employee in determining the wages for the applicant, including the negotiation of an employment contract,  unless the applicant voluntarily discloses that information to the prospective employer.  The law prohibits retaliation against a person who refuses to provide wage history information.  
 

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Published: January 19, 2017

Employers across the country will be watching to see how and if President-Elect Trump’s positions on labor and employment issues materialize after his inauguration.  He hasn’t been as vocal on labor and employment issues as on other issues, but he has campaigned or otherwise discussed several issues that could affect employers in 2017.  
 
Here’s a look at Trump’s positions on labor and employment issues; Saul Ewing attorneys weigh in on the impact of some of these changes:

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