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      Consistent with our precedent, a plaintiff alleging retaliation has a lesser causal burden at the prima facie stage. See e.g., Doe v. C.A.R.S. Prot. Plus, Inc., 527 F.3d 358, 365 (3d Cir. 2008) (“[T]he prima facie requirement for making a Title VII claim ‘is not onerous’ and poses ‘a burden easily met.’” (quoting Texas Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 253 (1981))).

      Lamberton Law Firm, LLC- 15 readers -
    • Donald Trump, the FBI and pretext

      Donald Trump claims he fired FBI Director Comey because he mishandled the investigation of Secretary Clinton’s emails. Yet that investigation took place and was over before Trump was elected President. To the extent Comey mishandled anything, Trump clearly knew about it on the first day he took office. Yet, he waited 108 days to fire him.

      Lamberton Law Firm, LLC- 15 readers -
  • IBM collective action waivers and private arbitration

    Is IBM ingenious or has it shot itself in the head? Time and the Supreme Court will soon tell. As those following IBM’s force reductions over the last few years already know, IBM stopped asking its terminated older workers for releases of their federal age discrimination claims in 2014. By not asking for federal age waivers, IBM placed itself outside a law that would ordinari ...

    Lamberton Law Firm, LLC- 8 readers -
  • Racism, American style

    As someone who grew up in a small town in South Dakota, I confess a longstanding ignorance of the legitimate concerns and grievances of African Americans in the United States. I’ve never been racially profiled; no one has ever crossed the street to avoid walking by me on the sidewalk; I’ve never been called a nigger, and I’ve never had to contend with the reality that my Coun ...

    Lamberton Law Firm, LLC- 10 readers -
  • Ageism is all around us

    We cannot forget that ageism is the most socially condoned form of discrimination in the United States. This clip from SNL reminds us of some common ageist stereotypes. Carvey ...

    Lamberton Law Firm, LLC- 10 readers -
  • Mayor Bill Peduto shows courage and leadership

    One of the many reasons I strongly support Pittsburgh Mayor Bill Peduto is because of his political courage and willingness to do what is right. I take the liberty of re-posting Mayor Peduto’s full Statement in Response to President Trump’s Executive Orders Regarding Immigration: “The residents of Pittsburgh stand tonight with cities all across our nation.

    Lamberton Law Firm, LLC- 12 readers -
  • Lamberton elected President of Western Pennsylvania Employment Lawyers Association

    Charles A. Lamberton has been elected President of the Western Pennsylvania Employment Lawyers Association (“WPELA”). WPELA advances employee rights and serves lawyers in Western Pennsylvania who advocate for equality and justice in the workplace. WPELA is dedicated to promoting the interests of individual employees and assisting the lawyers who represent them through profess ...

    Lamberton Law Firm, LLC- 9 readers -
  • Court finds sexual orientation discrimination is sex discrimination

    The Hon. Cathy Bissoon, District Judge for the United States District Court for the Western District of Pennsylvania, has just held: “There is no more obvious form of sex stereotyping than making a determination that a person should conform to heterosexuality. As the EEOC states, “[d]iscriminating against a person because of the sex of that person’s romantic partner necessari ...

    Lamberton Law Firm, LLC- 8 readers -
  • Tips for your anti-discrimination policy

    The EEOC recently posted some tips for employers looking to develop an anti-discrimination policy. The EEOC advises employers to: State that discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, age (40 or older) or genetic information (including family medical history) is illegal and will not be tolerated.

    Lamberton Law Firm, LLC- 9 readers -
  • Sexual harassment by senior executives

    We have seen a significant increase in sexual harassment cases involving senior corporate executives. For those unfamiliar with the legal rules that apply in sexual harassment cases, employers are liable for sexual harassment by co-workers only if the employer was negligent in discovering or stopping the harassment.

    Lamberton Law Firm, LLC- 10 readers -
  • Legal Rights for Pregnant Workers under Federal Law

    If you are pregnant, have been pregnant, or may become pregnant, and if your employer has 15 or more employees, you are protected against pregnancy-based discrimination and harassment at work under federal law. You may also have a legal right to work adjustments that will allow you to do your job without jeopardizing your health. 1.

    Lamberton Law Firm, LLC- 18 readers -
  • Second Circuit clarifies ratios in pregnancy case

    A good analysis from the Second Circuit post-Young on a common defense argument – “The defendants perplexingly suggest that these figures show that pregnant employees were not significantly burdened because “only one of 176 COs were affected by this policy.” But under Young, the focus is on how many pregnant employees were denied accommodations in relation to the total number ...

    Lamberton Law Firm, LLC- 14 readers -
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