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Pennsylvania

Employers aren’t always liable for third-party harassment

11/17/2025

Last month, we told you about a federal appeals case that ruled that an employer may not be liable for third-party sexual harassment that occurs off-premises even if the harasser is a client or customer. Now, another federal court has ruled that an employer isn’t liable for third-party harassment on the premises, either.

Court rules pump breaks non-negotiable: Here’s how employers must comply with federal law

10/27/2025

As the PUMP Act approaches its third anniversary, lawsuits are piling up. A recent big win for a new mother highlights what happens if employers don’t accommodate pumping and then punish that worker when she takes unauthorized pumping breaks.

Case highlights need for “no slurs” policy

10/27/2025

Providing a harassment-free workplace is essential, and that includes keeping language respectful. It should go without saying that racial, religious, sexist and other demeaning name-calling must be banned. But what happens if an employee uses an epithet that’s typically aimed at individuals who belong to the same protected class the speaker belongs to?

Obscure federal law breathes new life into reverse-discrimination lawsuits

10/20/2025

White employees who believe they have been discriminated against because of their race are using Section 1981 to sue because it doesn’t have the tight limits Title VII has.

Consensual quid pro quo still carries liability

08/13/2025

So-called quid pro quo sexual harassment occurs when the punishment happens when the quid—sexual activity—isn’t delivered and the employee is demoted or terminated. But there’s another version of quid pro quo harassment in which the pro quo is agreed to. Can the subordinate still sue for sexual harassment? The answer is a resounding “Yes!”

Cure intermittent leave headaches by relying on FMLA certification

05/05/2025

Unfortunately, intermittent FMLA leave is easy for employees to abuse. Fortunately, the FMLA certification documentation that employees must provide is the key to easing the HR headaches that intermittent leave often causes.

Understand marijuana laws in every jurisdiction where you operate

04/25/2025

Employers can require employees accused of violence at work to take a drug test. But what happens if the test reveals the presence of marijuana in the system of an employee whose use of medical marijuana is authorized by state law?

Court: Simply offering DEI program doesn’t establish hostile environment

04/18/2025

The mere existence of a DEI program doesn’t establish a hostile environment if an employee wasn’t singled out or personally affected.

Schedule cut to accommodate pump breaks? Not so fast

04/09/2025

While breaks to express breast milk may disrupt the workday, they’re a legal entitlement meant to allow working mothers the ability to earn a paycheck while providing their child with nourishment widely believed to be the best food for growing infants.

Pay-equity audit? Be prepared to show your work

03/07/2025

To avoid litigation, many employers conduct internal audits to ensure pay equity when employees perform substantially identical work. If you decide to run a pay-equity audit, be prepared to show exactly how you conducted it.