Texas Federal Ct. Rules Covid-19 Vaccine Requirement for Healthcare Workers at Houston Methodist Hospital is Legal - Houston Methodist Hospital Action Filed by Health Care Workers Dismissed

 

At-Will Employment at Heart of Dispute

Texas Federal Court Determines That Employees Do Not Have to Get Vaccines, but Employer Houston Methodist Hospital is Free to Terminate Their Employment if They Do Not

Last week, we posted that the EEOC had issued a directive stating that an employer's Covid-19 vaccine requirement did not violate Title VII or the Americans With disabilities Act, provided that exceptions were allowed for legitimate medical and/or religious reasons. 

On June 13, Texas federal judge Lynn Hughes issued a decision (which is not yet available on line) wherein he dismissed the lawsuit of more that 100 health care workers at Houston Methodist Hospital that the Hospital's policy mandate that all workers had to get vaccinated.  The workers based their claims that they should be free from the vaccine requirement not based on medical or religious reasons but, rather, on the principal that the hospita; "was forcing its employees to be human 'guinea pigs' as a condition for future employment." 

Workers Employed At Will Are Not Protected From Termination in Most Situations

Employees Cannot be FORCED to Get a Covid-19 Vaccination, but Can Be Fired if They Refuse a Company Edict to Do So

Perhaps there is really nothing terribly surprising about this decision. Most Americans are "employed at-will," and thus can be fired for any reason that is not illegal.  

Employed "At Will":  What Does That Mean? the Most Important Employment Law Principle - EXPLAINED 

United States Employment and Discrimination Laws - An Overview by Pennsylvania Employment Lawyer

The plaintiffs in this case did not assert that they were protected from the vaccine requirement by state or federal law (there is not law that protects workers from discrimination based upon their decision to get vaccinated, nor is there one that protects employees from being required to comply with a a company's health and welfare protocols absent disability or religious belief), so the case could be read as having been decided in accordance with the employment at will doctrine doctrine. 

First Federal Court Decision on Vaccine Requirement for Workers

Judge Hughes echoed this principal in published reports we have seen so far.  Here is one example:

The workers alleged in their lawsuit that the hospital was "forcing its employees to be human 'guinea pigs' as a condition for continued employment." They also accused the hospital of violating the Nuremberg Code of 1947, likening the vaccine mandate to Nazi medical experimentation on concentration camp prisoners.

US District Judge Lynn Hughes was not sympathetic to either argument, writing in his order of dismissal Saturday evening that none of the employees were forced or coerced to take the vaccine. He also noted that the hospital cannot violate the Nuremberg Code because it is a private employer, not a government.

"Equating the injection requirement to medical experimentation in concentration camps is reprehensible," Hughes wrote. "Nazi doctors conducted medical experiments on victims that caused pain, mutilation, permanent disability, and in many cases, death."

He added that the workers were free to accept or reject a vaccine and that they would "simply need to work elsewhere" if they chose the latter.

"If a worker refuses an assignment, changed office, earlier start time, or other directive, he may be properly fired. Every employment includes limits on the worker's behavior in exchange for his remuneration," Hughes wrote. "That is all part of the bargain."

Want to Stay Up Date on Covid-19 Cases?  Check Out the Links Below

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Covid Case of the Week: Carter v. Gardaworld Security Services - Fed. Judge:  Employee Who Complains About Employer's Lack of Covid Precautions Not Protected Under FFCRA From Retaliatory Termination (Posted June 4, 2021)

Covid Case of the Week - Sanchez v. Treesmiths, Inc. - Is an Arborist a First Responder Immune from Suit Under FFCRA? (Posted May 28, 2021)

Covid Case of the Week: Haney-Fillipone v. Agora Cyber Charter School - Teacher Wins Right to Covid-Based Leave - Private Charter School a "Public Agency" Pursuant to FMLA, Required to Follow FFCRA (Posted May 22, 2021)

Covid Case of the Week Colombe v. SGN, Inc. - Ky. Fed. Judge Finds Registered Nurse is NOT a "Health Care Provider” Under FMLA, Dismisses EPSLA Paid Leave Claim - Retaliation Action Dismissed Accordingly (Posted May 8, 2021) 

Covid Case of the Week - Gomes v. Steere House - RI Fed. Judge Rules Employee’s Failure to Specifically Request Paid Leave Dooms EPSLA Claim, Upholds FMLA Retaliation Claim (Posted May 2, 2021)

Covid Case of the Week - Payne v. Woods Services - Pennsylvania Federal Judge Finds Positive Covid Diagnosis is a "Serious Health Condition" Pursuant to FMLA but Is Not Automatically a "Disability" Under the ADA (Posted April 24, 2021)

How Do the Families First Coronavirus Act ("FFCRA"), the Emergency Paid Sick Leave Act ("EPSLA") and the Fair Labor Standards Act ("FLSA") Work Together? Toro v. Acme Barricades (M.D. Fl. 2021) - Covid-19 Paid Sick Leave and Retaliation Case (Posted April 16, 2021) 

Covid Case of the Week - Kofler v. Sayde Steeves Cleaning Service, Inc. - Termination of Employee Seeking FFCRA Leave a Violation of Anti-Retaliation Provisions of FLSA (Posted April 9, 2021)

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal (Posted April 3, 2021)

2021 Employment Litigation Trends - How Many Covid-19 Related Cases Have Been Filed in State and Federal Courts? 

Covid-19 Pandemic Class Action Lawsuit Statistics - Wage and Hour Class Actions Most Common

 

EEOC: It is Legal for Employers to Require Covid-19 Vaccines of All Employees Who Enter the Workplace - Covid Vaccination Requirement at Work Not Illegal

EEOC: Requiring Vaccinations Does Not Violate Title VII

 Employers May Require Employees Entering Workplace to Be Vaccinated Against Covid-19

Here are some key provisions from the EEOC's May 28, 2021 Covid-19 Technical Assistance publication:

The key updates to the technical assistance are summarized below:

• Federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, so long as employers comply with the reasonable accommodation provisions of the ADA and Title VII of the Civil Rights Act of 1964 and other EEO considerations.  Other laws, not in EEOC’s jurisdiction, may place additional restrictions on employers.  From an EEO perspective, employers should keep in mind that because some individuals or demographic groups may face greater barriers to receiving a COVID-19 vaccination than others, some employees may be more likely to be negatively impacted by a vaccination requirement.
• Federal EEO laws do not prevent or limit employers from offering incentives to employees to voluntarily provide documentation or other confirmation of vaccination obtained from a third party (not the employer) in the community, such as a pharmacy, personal health care provider, or public clinic. If employers choose to obtain vaccination information from their employees, employers must keep vaccination information confidential pursuant to the ADA.
• Employers that are administering vaccines to their employees may offer incentives for employees to be vaccinated, as long as the incentives are not coercive. Because vaccinations require employees to answer pre-vaccination disability-related screening questions, a very large incentive could make employees feel pressured to disclose protected medical information.
• Employers may provide employees and their family members with information to educate them about COVID-19 vaccines and raise awareness about the benefits of vaccination. The technical assistance highlights federal government resources available to those seeking more information about how to get vaccinated.

First Federal Court Decision Regarding Vaccine Requirement

Posted June 14, 2021: Texas Federal Ct.Rules Covid-19 Vaccine Requirement for Healthcare Workers at Houston Methodist Hospital is Legal - Houston Methodist Hospital Action Filed by Health Care Workers Dismissed  

More Coronavirus Specific Information Below

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List: Companies That Are Offering Cash Bonuses and Other Incentives to Employees Who Get Coronavirus Covid-19 Vaccination Shots  

 

Is My Employer Required by Federal or State Laws to Give Me Paid Leave or Paid Time Off If I Get a Covid-19 Coronavirus Vaccine?

2021 Employment Litigation Trends - How Many Covid-19 Related Cases Have Been Filed in State and Federal Courts? 

Covid-19 Pandemic Class Action Lawsuit Statistics - Wage and Hour Class Actions Most Common

Covid Case of the Week: Carter v. Gardaworld Security Services - Fed. Judge:  Employee Who Complains About Employer's Lack of Covid Precautions Not Protected Under FFCRA From Retaliatory Termination (Posted June 4, 2021)

Covid Case of the Week - Sanchez v. Treesmiths, Inc. - Is an Arborist a First Responder Immune from Suit Under FFCRA? (Posted May 28, 2021)

Covid Case of the Week: Haney-Fillipone v. Agora Cyber Charter School - Teacher Wins Right to Covid-Based Leave - Private Charter School a "Public Agency" Pursuant to FMLA, Required to Follow FFCRA (Posted May 22, 2021)

Covid Case of the Week Colombe v. SGN, Inc. - Ky. Fed. Judge Finds Registered Nurse is NOT a "Health Care Provider” Under FMLA, Dismisses EPSLA Paid Leave Claim - Retaliation Action Dismissed Accordingly (Posted May 8, 2021) 

Covid Case of the Week - Gomes v. Steere House - RI Fed. Judge Rules Employee’s Failure to Specifically Request Paid Leave Dooms EPSLA Claim, Upholds FMLA Retaliation Claim (Posted May 2, 2021)

Covid Case of the Week - Payne v. Woods Services - Pennsylvania Federal Judge Finds Positive Covid Diagnosis is a "Serious Health Condition" Pursuant to FMLA but Is Not Automatically a "Disability" Under the ADA (Posted April 24, 2021)

How Do the Families First Coronavirus Act ("FFCRA"), the Emergency Paid Sick Leave Act ("EPSLA") and the Fair Labor Standards Act ("FLSA") Work Together? Toro v. Acme Barricades (M.D. Fl. 2021) - Covid-19 Paid Sick Leave and Retaliation Case (Posted April 16, 2021) 

Covid Case of the Week - Kofler v. Sayde Steeves Cleaning Service, Inc. - Termination of Employee Seeking FFCRA Leave a Violation of Anti-Retaliation Provisions of FLSA (Posted April 9, 2021)

Covid Case of The Week - Wage and Hour Claims Added to Retaliation Claim - Aguayo v. Shield N Seal (Posted April 3, 2021) 

Can Employees Intentionally "Self-Terminate" Themselves Through Poor Performance or Misbehavior? Pa. Fed. Judge Says No to "Constructive Quit" Theory

 

Can an Employee "Force Termination" So That a Termination May be Reclassified as a Quit?

No Matter the Employee's Behavior, an Employer May Not Recast a Termination as a Quit

In a March 31, 2021 opinion in EMC Outdoor, LLC v. Stuart, federal judge Nitza Quinones Alejandro, sitting in Philadelphia, considered a novel argument in a declaratory judgment action filed by an employer against its former employee, alleging violations of restrictive covenants contained within her employment agreement.  

To make a long story short, if the employee was fired, she would be free to compete, but if she quit she would not.

The employer uncovered evidence that the employee had been planning to join a competitor for some time, and provided the court with examples of  the employee's misconduct that it contended was designed to lead to her termination. In other words, during the months leading up to her termination, the employee's performance nosedived to such an extent it was plain that she wanted to be fired.  

Eventually, the employer obliged, and the employee immediately went to work for a competitor, and to solicit former clients.

It was against this backdrop that the employer  asked the court to declare that the employee had fired herself intentionally, and to designate her separation as a quit. 

Judge Quinones Alejandro rejected this legal argument: 

EMC attempts to argue that Stuart "self-terminated" herself from EMC by performing so poorly that "her willful misconduct left EMC with no choice but to terminate her employment[.]" Plf. Resp. Br., ECF 110, at 6. Initially, it is worth acknowledging this concession that EMC did, indeed, terminate Stuart's employment. Second, this Court agrees with Stuart that EMC presents no evidence that such a concept has ever been recognized as a legal theory. Indeed, this Court is similarly unaware, as Defendants note that they are, "of any published decision by any court finding an employee's work performance (as opposed to a job abandonment and simply not appearing for work) could constitute a `self-termination' that would convert an involuntary termination into a voluntary one." Def. Br., ECF 107 at 17 n.5.

Further, contrary to EMC's contentions, it is irrelevant whether Stuart's work performance was poor (intentionally or unintentionally so) prior to her termination, or whether she had been hoping to be fired. The reasons why EMC fired Stuart are equally irrelevant. The only relevant, material fact regarding Section 12's applicability is which party ended Stuart's employment: EMC or Stuart? The record is clear that it was EMC.

 

Unchecked Sexual Harassment is a Classic Example of Work Misconduct 

Leading to a Constructive Discharge

EMC Outdoor, LLC v. Stuart: Federal Court Refuses to Adopt Constructive Quit Theory, the Counterpart to a Constructive Discharge

Courts throughout the United States have for decades recognized the principal of "constructive discharge." A recent decision issued buy another Pennsylvania federal district court judge earlier this year in Forrester v. Solebury Township in explains that principal as follows:

Forrester also fails to plausibly plead constructive discharge. Resignations from employment are presumed voluntary "until the employee presents evidence to establish that the resignation or retirement was involuntarily procured." Leheny v. City of Pittsburgh, 183 F.3d 220, 227 (3d Cir. 1999). The Third Circuit recognizes "two circumstances in which an employee's resignation or retirement will be deemed involuntary for due process purposes: (1) when the employer forces the resignation or retirement by coercion or duress, or (2) when the employer obtains the resignation or retirement by deceiving or misrepresenting a material fact to the employee." Id. at 228.

The Third Circuit has identified a "non-exhaustive list of factors" to evaluate a constructive discharge claim due to coercion or duress:

(1) whether the employee was given some alternative to resignation; (2) whether the employee understood the nature of the choice [he] was given; (3) whether the employee was given a reasonable time in which to choose; (4) whether the employee was permitted to select the effective date of the resignation; and (5) whether the employee had the advice of counsel.

Judge v. Shikellamy Sch. Dist., 905 F.3d 122, 125 (3d Cir. 2018) (citation omitted). The standard for determining whether a resignation was forced by coercion or duress is objective. See id. at 125. "[T]he ultimate issue is not what [Forrester] [him]self felt or believed, but whether a reasonable person under the circumstances `would have felt compelled to resign.'" Id. (quoting Colwell v. Rite Aid Corp., 602 F.3d 495, 502 (3d Cir. 2010)).

Judge Quinones Alejandro was unwilling to recognize a reciprocal theory to the constructive discharge doctrine whereby an employee could by duress or coercion force an employer to terminate employment so that, as a matter of law, the employer could characterize the separation as a quit, and there are apparently no cases holding otherwise.

You've Come This Far, You Deserve More!

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Do I Have a Case for Constructive Discharge? Nearly 50% of People Who Are Unemployed Quit Their Job 

Horrible Bosses: Telling Employee to Forget About Her Daughter "Because She's Dead" Not Evidence of a Hostile Work Environment

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#MeToo - The Rules and Deadlines for Sexual Harassment Claims in Pennsylvania - A List of Most Famous Sexual Predators 

Why is it Important to File an EEOC Charge? How to File Discrimination Claims in Pennsylvania? Time Limits to File Discrimination, Hostile Work Environment and Retaliation Charges in Pennsylvania

Employee Complaints and Retaliation - What is Legal and What is Illegal 

I am an Employee Being Subjected to Age Discrimination in Pennsylvania - Do I Have a Case?  Pennsylvania Contingent Fee Age Discrimination Lawyers

I Need a Reasonable Accommodation in Pennsylvania - What Can I Do? Americans With Disabilities Act Lawyers

What Are the Differences Between the Anti-Discrimination in Employment Laws Title VII and the Pennsylvania Human Relations Act?

How Do Federal, State and Local Anti-Discrimination Laws Work Together to Protect Pennsylvania Workers?

Does My Pennsylvania City, County, Township or Borough Have Any Discrimination Laws Protecting Employees?

Are Settlements in Discrimination Cases Subject to Taxes? Pennsylvania Contingent Fee Discrimination Lawyers

UGH!

If I Settle a Discrimination Claim, Do I Have to Pay Taxes?

The answer to this question is - Yes - and it has been that way for some time.

In 1996, Congress reversed nearly seventy-five years of settled law by amending § 104(a)(2) of the Code, making damages recovered for personal non-physical harms (e.g., emotional distress) taxable.
This law is known as the Small Business Job Protection Act of 1996, Pub. L. No. 104-188, § 1605, 110 Stat. 1755, 1838 (codified at I.R.C. § 104).

The SMJPA makes it clear that taxes must be paid on all recoveries made in a discrimination case, even if some of the settlement is payment for emotional distress. 

WE HANDLE DISCRIMINATION CASES EVERY DAY

ON A CONTINGENT FEE BASIS

 Employment Discrimination Settlements Are Taxable

In a discrimination lawsuit, the relief that is granted is what is known as a "make whole remedy," i.e. a payment of money that puts the plaintiff in the same position that he/she would have been absent the discrimination.  For plaintiffs that have lost income as a result of illegal discrimination due to failure to receive a promotion, demotion, constructive discharge or termination, this means a payment of lost wages and benefits subject to taxation just as if the plaintiff had not been fired, etc.

Settlements in Discrimination Cases are Treated as W2 Income

Do I Have to Pay Taxes on an Employment Discrimination Settlement?

Think of it this way.

Jane Doe was employed by Company and paid a salary of $50,000 in 2018.  Her take home pay after taxes and withholdings was $35,000.  On January 1, 2019, she was fired.  She does not find a job until the December 2019. She sues and agrees to settle for $51,0000, which the parties agree is allocated 11 months of lost pay, i.e. $46,0000, plus $4,000 for emotional distress. Pursuant to the SMJPA, all of her recovery is subjected to taxation, i.e. she will ultimately receive the same net of $35,000 just as if she had worked all of 2019 for Company.

Treated Differently Than Discrimination Cases

Settlements of Family and Medical Leave Act ("FMLA") Cases Are NOT Subject to Taxation

NOTE:  Settlements or judgments paid to a plaintiff who has brought a claim under the Family and Medical Leave Act of 1993 may NOT be subject to taxation.

THIS IS NOT TAX ADVICE.  WE ARE NOT A CERTIFIED TAX ATTORNEYS. CONSULT A LICENSED PROFESSIONAL TAX ADVISOR FOR ADDITIONAL INFORMATION.

You've read This Far - You Deserve a Little Extra!

What is an ILLEGAL Hostile Work Environment? Workplace Bullying Alone is Not Illegal in Pennsylvania

#MeToo - The Rules and Deadlines for Sexual Harassment Claims in Pennsylvania - A List of Most Famous Sexual Predators

What is an ILLEGAL Hostile Work Environment? Workplace Bullying Alone is Not Illegal in Pennsylvania

#MeToo - The Rules and Deadlines for Sexual Harassment Claims in Pennsylvania - A List of Most Famous Sexual Predators

Why is it Important to File an EEOC Charge? How to File Discrimination Claims in Pennsylvania? Time Limits to File Discrimination, Hostile Work Environment and Retaliation Charges in Pennsylvania

Employee Complaints and Retaliation - What is Legal and What is Illegal

What Are the Differences Between the Anti-Discrimination in Employment Laws Title VII and the Pennsylvania Human Relations Act?

How Do Federal, State and Local Anti-Discrimination Laws Work Together to Protect Pennsylvania Workers?

Does My Pennsylvania City, County, Township or Borough Have Any Discrimination Laws Protecting Employees?

FILING A CHARGE OF DISCRIMINATION IN PENNSYLVANIA - A FEW TIPS FROM CONTINGENT FEE LAWYERS

The Philadelphia Fair Practices Ordinance Makes it Illegal to Engage in Workplace Discrimination Because of Sexual Identity, Sexual Preference, Status as Domestic Abuse Victim, Marital or Familial Status, Ethnicity or Ancestry

Employed "At Will":  What Does That Mean? Pennsylvania Contingent Fee Lawyers Explain the Most Important Employment Law Principle

United States Employment and Discrimination Laws - An Overview by Pennsylvania Employment Lawyer

Do I Have a Case for Constructive Discharge? Nearly 50% of People Who Are Unemployed Quit Their Job - Pennsylvania Contingent Fee Employment Lawyers

Philadelphia Area Wage and Hour Attorneys Helping Employees Collect Wages, Compensation, Bonuses and Severance on a Contingent Fee Basis Attorney Representing Employees

We typically represent workers who need an employment lawyer throughout Southeastern Pennsylvania, including those working in Philadelphia County, Delaware County, Montgomery County, Bucks County, Chester County, Berks County and Lancaster County.

Pennsylvania Wage and Hour Lawyer Provides Free Telephone Consultations and Contingent Fee Representation

610-647-5027

If you are owed money by your employer, are looking for a contingent fee lawyer who is experienced in collecting wages, compensation, bonuses and severance from corporations that withhold payment from their employees and or work in Paoli, East Nottingham, Malvern, Easton, East Whiteland, Edgemont,  Elkins  Park,  Elverson,  Essington, Exton,  Springfield, Feasterville Trevose, Fleetwood, Flourtown,  Folcroft,  Folsom, Fort Washington,  Franconia, Gap, Gilbertsville, Gladwyne,  Glen Mills,   Glenolden,  Glenside, Green Lane, Gwynedd,  Gwynedd Valley, Hanover, Harleysville, Hatboro,  Hatfield, Haverford,  Havertown, Honey Brook,  Horsham, Huntingdon Valley, Newtown Square,  Jenkintown, Kennett Square,  Kimberton,  King Of Prussia, Kutztown, Lafayette Hill,  Lancaster,  Langhorne,  Lansdale,  Lansdowne, Lawrence Park, Levittown, Limekiln, Limerick, Lionville, Lititz, Londonberry, Lower Merion, Bryn Mawr, Wayne, Villanova and Lower Moreland or any surrounding areas, feel free to send us an e-mail via our Contact Form or give us a call at 610-647-5027.  We are always glad to spend some time with people via a free telephone consultation.

Need an Experienced Contingent Fee Lawyer in Pennsylvania to Collect Money You Are Owed by Your Former Employer?

Thanks for checking in with us.

Paid Sick Leave Laws in Philadelphia- You Cannot be Punished for Taking Time Off Due to Illness or Injury of You or a Family Member -

If you Work in Philadelphia, You Are Entitled to Paid Sick leave

Paid Sick Leave is Required for Philadelphia Workers

Here is a summary of Philadelphia's Promoting Healthy Families and Workplace Ordinance:

·       Ordinance covers all employees who work within city limits at least 40 hours a year (so if you work for company primarily in suburbs, but venture into Philly to work for a total of 40 hours a year or more, you are covered);

·       Employers with 10 or more employees must provide up to 5 days of paid sick leave per year (accruing at a rate of 1 hour per 40 hours worked);

·       Employers with less than 10 employees must provide up to 5 days of unpaid sick leave per year (accruing at the same rate);

·       You can take sick time for your own illness or injury, or that of certain family members;

·       Unused paid sick days do not roll over into the following year)(use it or lose it);

·       Accrued, unused unpaid sick time does roll over.

Philly's Sick Leave Ordinance is Cutting Edge

It is Illegal to Fire, Punish, Retaliate, Demote, Fail to Promote or Fire an Employee Who Takes Sick Leave in Philadelphia

The Ordinance makes it illegal to punish or retaliate against and employee who utilizes the Ordinance.  A civil lawsuit can be filed (so, if you feel you have been demoted or fired because you took sick days, you may want to seek counsel).

There are notice requirements, parameters for what constitutes “sick,” and who is a “family member,” etc., so if you have questions consult the Ordinance or contact counsel. 

Check Out the Links Below for More on Pennsylvania Laws and Paid Sick Leave Laws!

HERE ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:

The Philadelphia Fair Practices Ordinance Makes it Illegal to Engage in Workplace Discrimination Because of Sexual Identity, Sexual Preference, Status as Domestic Abuse Victim, Marital or Familial Status, Ethnicity or Ancestry

What Are the Differences Between the Anti-Discrimination in Employment Laws Title VII and the Pennsylvania Human Relations Act?

How Do Federal, State and Local Anti-Discrimination Laws Work Together to Protect Pennsylvania Workers?

Does My Pennsylvania City, County, Township or Borough Have Any Discrimination Laws Protecting Employees?

Comparing Pennsylvania's State Overtime Law, the Minimum Wage Act, with its Federal Counterpart, the Fair Labor Standards Act - Pennsylvania Wage and Hour Lawyers 

Is There a Federal Law That Requires That Employees Receive Vacation, be Paid Holiday or Sick Pay or be Given Break, Rest or Meal Time? 

The 16 States (Plus D.C.) That Have Mandatory Paid Sick Leave Policies 

NO CHARGE FOR AN INITIAL CHAT

610-647-5027

               Philadelphia Area Sick Leave Lawyers Representing Employees

We typically represent employees  who need an employment lawyer in Philadelphia County, Delaware County, Montgomery County, Bucks County, Chester County, Berks County and Lancaster County.

If you are looking for an sick leave attorney, and live or work in Philadelphia, Bensalem, Ft. Washington, Ambler, West Chester, Paoli, Exton, Phoenixville, Downingtown, Lansdale, Newtown Square, Nether Providence, Springfield, Aston, Broomall, Marple, Villanova, Lansdowne, Wayne, Blue Bell, Ardmore, Bryn Mawr, Conshohocken, Manayunk, Media, Havertown, Haverford, Limerick, Oaks, Lower Merion, Springford or any of their surrounding towns, feel free to send us an e-mail via our Contact Form or give us a call at 610-647-5027.  We are always glad to spend some time with people via a free telephone consultation.

Looking for a Lawyer Because You Have Been Fired or Demoted Because You Took Sick Time Off in Philadelphia?

Thanks for checking in with us.

#MeToo - The Rules and Deadlines for Sexual Harassment Claims in Pennsylvania - A List of Most Famous Sexual Predators

Cosby, Trump, O'Reilly, Weinstein, Ailes, Thomas -
Just to Name a Few

Why Don’t More Women Complain About Sexual Harassment in the Workplace?

Every week, we receive many e-Mails or phone calls from employees seeking guidance on a vast array of workplace issues.

However, comparatively, it is relatively communication from someone seeking representation concerning a sexual harassment claim.

Far More Common Than Reported

Until recently, there have been few cases, nationally, that have involved highly visible and successful women seeking to prosecute such claims. The same has been true locally - "ordinary" women Ii.e. those not employed by media outlets or sports teams) tend to avoid making claims of sexual harassment, much less filing suit. In the Philadelphia area, you probably have to go back to the 1993 verdict in the case brought by Philadelphia lawyer Kathleen A. Frederick against Philadelphia lawyer, and then-Barnes Foundation curator, Richard H. Glanton to find the last "high-visibility" sexual harassment claim filed by a professional woman against her employer. 

Brett Kavanaugh Proceeding Demonstrates Why More Women Do Not Report Sexual Harassment in the Workplace

The Brett Kavanaugh proceeding is an obvious high-stakes affair, and the evidence that the Judge Kavanaugh was a misogynist in high school are seemingly undeniable (of course, we weren't there).  Yet, here was President Trump openly mocking Christine Blasey Ford, who's credible allegations of violent sexual aggression by Kavanaugh appear equally undeniable

Is it any wonder that women frequently choose to keep these things under wraps?

Put a Stop to Sexual Harassment, Sexual Discrimination, Retaliation and Unequal Pay

                                                     Think You Have a Claim for Sexual harassment, Sexual                                                                          Discrimination, Unequal Pay or Illegal Retaliation?  Call Today

                                                                       610-647-5027

But, you do not have to any more (easy to say, harder to do).  If you choose to come forward, retain a strong lawyer, and let he/she carry the water. That is what we are here for.

How Long Do I Have to File a Claim of Sexual Harassment, Retaliation or Hostile Work Environment?

In order to protect your rights under Title VII to pursue a claim of sexual harassment, you have to file a Charge of Discrimination with the Equal Employment Opportunity Commission within 300 days of the first act of harassment. If thereafter you are subject to retaliation, you must file a Charge relating thereto within 300 days of the act of retaliation. If you fail to meet this deadline, it is extremely likely that you will be prohibited from ever taking any legal action under Title VII relating to the mistreatment to which you have been subjected. 

Few Exceptions to 300-Day Rule Exist...

And deadlines for filing similar charges under state and local laws are usually shorter than EEOC's 300 days (for example, to preserve your rights under Pennsylvania state law, you must file a Charge within 180-days of the act of harassment/retaliation). 

Click Here to read a more comprehensive and recitation as to the timing of preserving one’s rights under state, federal and local municipal employment laws.

A recent article published by Money.com, The Decision to Name or Not Name a Sexual Harasser cites a study from Lilia Cortina, professor of psychology and women's studies at the University of Michigan.  The study found that two-thirds of employees who complained of sexual harassment said they suffered retaliation after they reported. According to Ms. Cortina’s findings:

Women don't want to engage in the reporting process because it's              fundamentally a damaging process. Their reputations get damaged. It's distressing and humiliating to have to keep recounting your story again and again: to HR personnel, to investigators, to whoever keeps calling. Often they're met with disbelief, questions about what they were doing, what they were wearing, or just dismissive responses.

Should You Join the Movement?

Perhaps, though, the vast array of men who have confessed to sexually predatory practices will provide new confidence to the #MeToo movement.  Recently, CNN published an article, The (incomplete) list of powerful men accused of sexual harassment after Harvey Weinstein, containing 11 such confessions from famous or powerful men accused of such behavior.

Many “Deeply Sorry and Ashamed” Men Out There

Should I Hire a Lawyer Before I Complain About Sexual Harassment at Work?

Suggestion: Employ Counsel

If women wish to take the next step towards equal opportunity (and of course they do!), that is the right to be free from sexual predators at work, they’re going to need to step up their game when it comes to complaining about such workplace misbehavior. That said, it is our humble view that making a complaint without representation by counsel is a mistake, because retaliation is much more likely if an employee is not represented by counsel.  At a minimum, a woman enduring sexual harassment at work that has brought her to the brink (of quitting, or much worse), should reach out and discuss her options and potential strategies with a lawyer.  Make a plan - then execute!

                                                 The Impact of Sexual Harassment Can Be and Often is Devastating

                                                                            Call Us - Let's Execute a Plan

                                                                                    610-647-5027

Philadelphia Area Sex Harassment Attorneys Representing Employees