Author: Gregory J. Wartman, Saul Ewing

harassment

Single Racial Slur Can Establish Harassment Claim in 3rd Circuit

Recently, the U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—ruled that to establish a claim of workplace harassment under the civil rights statute known as Section 1981, the discrimination need only be “severe or pervasive,” which can be satisfied by a single racial slur when it’s so extreme that it “amount[s] […]

ACA

Defeat of ACA Repeal: The Aftermath for Employers

The apparent demise of a full-scale Affordable Care Act (ACA) repeal may be followed by more incremental efforts to tweak ACA requirements. For now, however, the lack of dramatic changes means that some employers may need to refocus on the reporting and other requirements of the law.

pretext

Off the Hook for ADA Discrimination Claim? Not So Fast, Says Texas Court

I know this sounds like a contradiction, but a Dallas court recently said it wasn’t. So, a Texas employer can be cleared of firing an employee because of his disability—despite the Americans With Disabilities Act (ADA)—but still be liable for failing to provide a reasonable accommodation. The Dallas office of the Equal Employment Opportunity Commission […]

pain

New Wearable Gadget Isn’t High-Tech, But Does Offer Comfort

Every day, the news tells you that “such and such” is the “new silent killer.” One day, we’re told that sitting will lead to a premature death; so, we go out and buy standing desks. The next day, we’re told that too much standing is bad for our health, so now what? Do we squat […]

protest

Alt-Right Protests: Guidance for HR on Employees’ Off-Duty Conduct

The actions of employees can put their employers in a bad light, and that presents HR with a problem. If the employer chooses to fire an employee who engages in off-duty conduct that goes against the employer’s values, will there be legal trouble? Possibly, according to attorneys focusing on employment matters, but a dismissal can […]

ACA

CBO: $194 Billion Deficit Increase If Key ACA Subsidies End In 2017

The Affordable Care Act (ACA) requires insurers to offer plans with reduced deductibles, copayments, and other means of cost sharing to certain people, depending on their income, who pur­chase plans through the ACA marketplaces. In turn, insurers receive federal pay­ments arranged by the Secretary of Health and Human Services to cover the costs they incur […]