Category: Employment Law

How Do Employers Defend Discrimination Claims?

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There are federal and state laws in place that protect employees from discrimination and harassment. Companies who face discrimination suits can defend against the claims if they have taken all the reasonable steps needed to prevent employees from committing acts of discrimination or harassment. However, a plaintiff in a recent court case, Allay (UK) Ltd v Gehlen, challenged an employer using that defense and succeeded. Of course, this ruling is not precedential here in the US, but it has value to highlight how courts may be starting to alter their views on workplace discrimination.

In the United Kingdom, an employee who was fired for poor performance informed their employer that they experienced workplace harassment. The employer initiated an investigation and determined that a colleague had made racist remarks. The discrimination claim was investigated further, and the tribunal learned that two managers knew about the comments but did not take action.

It was found that the managers and employees had been provided with discrimination training, but the training program was outdated. Since the employer had failed to update their training, the Employment Appeal Tribunal decided that the company did not take all of the reasonable steps that could have prevented the harassment. The employer’s appeal was therefore dismissed.

When are Employers Liable for Workplace Harassment?

Under the Equality Act 2010, an employer has accountability for other people’s actions in workplaces, which is called vicarious liability. Section 109 of the Equality Act specifies that anything that an employee does in their course of their employment must be looked at as also done by the employer. Even when the employer is unaware of the discrimination, they can still be held liable. This also extends to other people that the employer brings in, such as consultants, company-sponsored events, and unwelcome posts on work-related social media platforms.

Can My Employer Defend Against My Discrimination Claim?

Even though employers can be held vicariously liable in workplace discrimination suits, they have the option of trying to show that they took reasonable steps to prevent the discrimination. Employers that have strong anti-discrimination procedures and policies that are kept in practice may be able to defend their interests. They may also need to show that staff members have been trained on preventing and addressing discrimination and that they take all discrimination allegations seriously.

How Do State Anti-Discrimination Laws Apply?

In Pennsylvania, employees are also protected by state and federal laws. The Pennsylvania Human Relations Act protects employees by making it illegal for employers to discriminate based on:

  • Race
  • Religion
  • Sex
  • Color
  • National origin
  • Age

There are other protected categories as well. Workplace discrimination claims can be filed through the Equal Employment Opportunity Commission (EEOC), which is a federal agency, or the Pennsylvania Human Relations Commission (PHRC), the state administrative agency. These two cooperate with claim processing, so it is not necessary to file with both; you can also dual-file with both. Deciding which agency is best to file the initial claim is something an attorney can help with.

To conform with the laws, the claims must be filed within 180 days after the alleged discrimination took place. There may be exceptions to that deadline, so it is important to understand the facts before filing. A qualified employment lawyer can help with the claim filing process, as well as any challenges that the employer might make.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Work Tirelessly to Protect Employees Against Workplace Discrimination

If you believe you were harassed or discriminated against at work, you may have a legal claim. A Philadelphia employment lawyer at Sidkoff, Pincus & Green P.C. can help you with your discrimination or harassment case. Complete our online form or call us at 215-574-0600 for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

Which Employment Laws Change Frequently?

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It can be difficult for businesses to keep up with all the changes passed by Congress and state legislatures. However, there are ways to focus attention on certain areas of law and how to possibly avoid any compromising situations with company policies. The Coronavirus (COVID-19) pandemic has created a new set of challenges to businesses, some of which have come from needs for new regulations or emphasizing outdated ones. Outside of the COVID-19 pandemic, state and local governments continue to alter the following laws.

Minimum Wage

Minimum wage may be the most important law to follow. It varies greatly by state and even county in some states. The rules affect hourly and salaried workers. Exempt workers often see their salary floor adjust based on the local minimum wage. If employees travel for work or operate in multiple jurisdictions, that can also affect wages.

Paid Sick and Family Leave

Paid sick leave and family leave laws are starting to appear in different states and cities, often with different language and guarantees for employees. Many of these laws create challenges for managers and Human Resource (HR) professionals. These professionals may not correctly apply hours or unnecessarily penalize workers for opaque policies.

Legalization and Decriminalization of Recreational Marijuana

More states are now enacting or forming legislation that decriminalizes recreational cannabis. That may alter business practices of drug testing employees. While some states may legalize it, marijuana remains a controlled substance on the federal level and is illegal. Any company looking to do business with the federal government or any of its departments or entities may want to maintain restrictions until otherwise clarified. Additionally, many states have put new restrictions on what employers can ask or demand of job applicants. This can make questions about criminal background or salary history obsolete.

How can Companies Adapt to Remote Work Regulations?

Many businesses have allowed employees to work from home during the COVID-19 pandemic. While the decision has kept millions healthy and productive, the long-term ramifications are evident. Companies must still manage workers operating from home; this includes providing for all breaks, establishing consistent expectations for work output and duties, and making sure employees are in Fair Labor and Standards Act (FLSA) compliance with their work. It is important for employers to communicate clearly and consistently to reinforce expectations and policies.

While it may not be as easy to comply with labor laws, if most workers stay out of the office, there is still a mandate to meet the requirements. Employers can use websites or emails to fulfill their obligations; this can allow for active verification of receipt or engagement by employees, as well as the ability to update with ease. Companies and employees should expect working from home to continue even after the pandemic ends. Adapting to policy changes can create new expectations that can help keep employees satisfied and retain talent.

How Should Companies Adapt?

It can be very difficult to stay compliant with all changes. If businesses can afford to keep wage floors elevated across multiple jurisdictions, it may help worker retention and attract better applicants. Many multi-state companies utilize uniform policies for hiring, leave, and other areas that give the most generous options to workers. Uniform policies also reduce the amount of potential changes that come from new laws and the amount of resources spent monitoring reform efforts. For help with complex litigation matters and abiding by company policies, it is wise to consult with an employment lawyer.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Business Owners Monitor Employment Law Changes

Following various legislation while trying to run a business is challenging, but legal counsel can help. Our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. have the experience and insight necessary to keep you focused on your success. Call us at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and South Jersey.

Is My Company in Compliance with Changing Employment Laws for 2021?

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Now is a good time to check if companies are compliant with new employment laws passed last year. Congress, state legislatures, and the courts altered employment law throughout 2020. Certain states mandated new topics to cover and shifts in employment philosophy make other subjects more relevant. States may require or recommend training on:

  • Sexual harassment
  • Anti-discrimination
  • Work-site safety
  • Industry-specific subjects
  • Ethics and compliance
  • Diversity and inclusion
  • Unconscious bias

For managers and other supervisory personnel, they may need additional training on the Fair Labor Standards Act (FLSA), performance management, the Family Medical Leave Act (FMLA), and other topics. All trainings should be documented, and employees should achieve the necessary assessment scores. When not using computer-based modules with integrated sign-ins to verify completion, keep sign-in sheets and other paperwork in one place or file.

Is the Employee Handbook Current?

It is important to keep up with the laws that may affect certain policies already in place in employee handbooks. Laws will vary by state, which can make it confusing for employers operating in multiple locations. For drug testing policies, look to see if they should be altered. Many companies operate in multiple states and some states who legalized recreational cannabis abandoned testing unless specifically required in some industries.

Many companies allowed employees to work from home in 2020 due to the pandemic. That forced some adjustments to those policies. If the company wants to protect employees by allowing them to work from home when possible, make sure the handbook follows any new laws passed. According to the Americans with Disabilities Act (ADA), if work from home does not create an undue hardship on business operations, more employees may be allowed to stay home instead of working on site.

With the federal government passing multiple relief packages to combat the current Coronavirus (COVID-19) pandemic, there have been new programs to allow paid leave for parents who lost childcare or have children learning from home. Other cities and states created new or expanded paid leave laws. COVID-19 has also created awareness around personal safety. Multiple states adopted new worker protections while the Occupational Safety and Health Administration (OSHA) introduced new safety procedures specific to the pandemic. If this was not updated during 2020, affected policies should be changed for this year. Additionally, the Supreme Court altered Title VII language to include sexual orientation and gender identity under sex discrimination.

Has the Application Process Been Updated?

Over half the states in America now have some form of banning requested salary histories for hiring applicants, including most states in the northeast. Even within those states, there are different rules for specific cities and counties. Other states and municipalities have altered rules on what can be asked of candidates, such as prior arrests or other considering factors that may not directly apply to the position. Thirty-four states also have legislation that prevents or limits employers from asking about criminal history as an effort to reduce recidivism.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Employers Stay Compliant with Changing Employment Laws

It can be difficult to keep track of all the legislative changes that may affect your business. Oftentimes, slight alterations can have a bigger impact than high-profile bills. Let the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. guide your company through the changing landscape of COVID-19 policies and how it affects your business. Call 215-574-0600 or contact us online to schedule an initial consultation. Based in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

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Should Employers Require a Checklist for Remote Workers?

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Before a person takes a job that will require them to work remotely, they should be sure that the employer has established a checklist that will go over the employee’s responsibilities and the employer’s obligations. With no traditional structure surrounding an employee, it can be easy to drift beyond the scope of their responsibilities. It is important for employers to establish a checklist at the outset so both the employee and employer have a firm understanding of each other’s responsibilities. The onset of the Coronavirus (COVID-19) pandemic forced numerous businesses to work remotely. If firms continue using remote workers, they should establish a checklist when hiring new employees.

What Items Should be Included on a Checklist?

A checklist establishes the parameters of a remote employee’s responsibilities. For the employee, it is good to know what is expected of them and what they can expect from their employer. Specifically, the checklist should include information about:

  • The state the employee resides
  • Telecommuting plans
  • Employer responsibilities
  • Workspace parameters

By laying out the specifics in all four categories, employers and employees can establish a positive working relationship that should function just as well as if they were both working in the same office.

Why Does It Matter Where I am Working?

Employment law differs by state and impacts certain ways that employers interact with employees and what benefits they can and should provide. Employers should determine the state their employee is working out of and become familiar with the specific employment laws and regulations that apply. These are essential even during the hiring process as different states allow certain questions to be asked on applications while others do not. Having a checklist that lays out a state’s specific regulations will enable the hiring process to run smoothly.

What Should a Checklist Include About the Telecommute?

From the beginning of a relationship between an employer and a remote employee, the structure of that relationship should be established. For instance, an employee should know right away if the remote aspect of the job is temporary or permanent. They should also know if the position is 100 percent remote or if there will be some time in the office. The employee should also be made aware of any potential timeline of the job moving back to the office.

An employer should establish work hours for an employee and how that employee will check in during the day. It is important for an employee to understand when the workday begins and ends to prevent them from working too much or not enough. They should also know if they are eligible for overtime and how that can be accurately tracked to ensure that they are not taking advantage of the situation or are being taken advantage of.

What Will My Employer be Responsible For?

When establishing a remote working relationship, a checklist should include what an employer will be responsible for when it comes to paying for expenses. An employee should understand what expenses an employer will pay for and which ones will be the responsibility of the employee.

The equipment an employee uses should also be a part of a checklist for an employer as to what they will provide. Whether an employer elects to provide that equipment is up to them, so long as they explain that at the start of the relationship. Along with equipment comes minor expenses, such as mailing, faxing, and purchasing small office supplies, such as paper and folders.

How Should Remote Employees Establish Workspaces?

Security measures need to be established if a remote employee is working on sensitive material. Most are working from home where there are other people around. Both sides need to establish what an employee must do to secure whatever electronic device they are working on to prevent others from gaining access to it. If a company does not provide a phone for the employee, they may need to use their personal device for professional reasons. An employer should establish how much business they are comfortable with their employee conducting on their personal appliances.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Employees’ Rights

If you are experiencing employment issues while working remotely, the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help you. Our hard-working lawyers know the law and can help you achieve the resolution that is best for you. Fill out an online form or call us at 215-574-0600 today for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and South Jersey.

Department of Labor Makes Final Rule on Independent Contractors

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Recently, the Department of Labor adopted a final rule pertaining to clarification over who could be classified as an independent contractor. The Fair Labor Standards Act (FLSA) establishes what benefits and flexibility employers have with their employees. For instance, non-exempt employees must receive at least minimum wage and be paid overtime wages if they work more than 40 hours a week. However, this law does not apply to independent contractors.

Since employers do not have to offer any perks to independent contractors, some have argued that they have deliberately misclassified their employees to avoid paying for these benefits. Multiple courts have weighed in on the controversy, but there has not been any clarity on the federal level until now.

What Does the New Rule State?

The Labor Department stated that the new rule will reaffirm the economic reality test that has been standard in the industry to determine whether an individual is in business for themselves, such as an independent contractor, or is economically dependent on a potential employer for work, such as an FLSA employee. The rule highlights two core factors that can be used to make that determination:

  • The nature and degree of control over the work.
  • The worker’s opportunity for profit or loss based on initiative and/or investment.

If those two factors fail to provide the necessary clarification, the department offered three additional guideposts that should help employers determine a worker’s proper status. They are:

  • The amount of skill required for the work.
  • The degree of permanence of the working relationship between the worker and the potential employer.
  • Whether the work is part of an integrated unit of production.

The new rule, which is scheduled to take effect on March 8, applies only to workers that fall under the jurisdiction of the FLSA. It would also not impact local and state law requirements.

Will the New Rule Take Effect?

The new President could easily block the new rule from taking effect. Congress could also get involved and stop the rule using its authority under the Congressional Review Act, which gives Congress a limited time to repeal any rule finalized by a government agency. A reconstituted Labor Department could modify the current version to return to an old policy that allowed for an employer-employee relationship to be established even when indirect control existed over the worker.

How Should Employers React to the New Rule?

Regardless of the outcome, businesses should use the adoption of the new rule as an opportunity to evaluate the relationship they have with their employees. They should re-examine the status of those workers and determine if their status makes sense for the work that they are doing and the control they have over their own situation. Employers should guarantee that they have correctly classified their employees and determine that classification based on who has the right to control or direct the results of their work, as opposed to how the employee and employer define their relationship.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Represent Misclassified Workers

If you believe that you have been misclassified by your employer or if you are a business and would like an attorney review your compliance with the FLSA, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We can help you with your case. For an initial consultation, call 215-574-0600 or contact us online today. Located in Philadelphia, we serve clients throughout South Jersey and Pennsylvania.

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Do Employment Laws Apply to Remote Workers?

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At the height of the pandemic, numerous businesses were forced to close their offices. However, certain businesses did not have to shut down and by using improved technology and communications, they were able to conduct business with little interruption. The push toward an increase in remote working was on the rise prior to the pandemic, although it certainly hastened the move and demonstrated its practicality to several businesses.

Whenever the pandemic ends, it is unclear what businesses will look like. Many see the benefits and savings of having their employees work remotely and continue to utilize that model. However, as more businesses utilize remote workers, they must continue to follow state employment laws where they are physically working.

Can State Laws Impact an Employee’s Pay?

A person’s salary can be impacted by the state they are living in, as well as the amount of hours they can work in a week. An employer should become familiar with the rules in the states of their employees. Some aspects of pay that could be impacted include:

  • Minimum wage: Some states have adopted a higher minimum wage than others. It is important to know that an employee is making enough to satisfy their state’s requirement.
  • Overtime: State laws determine when an employee becomes eligible for overtime. Employers must verify that employees are tracking their hours to confirm if they are eligible for overtime.
  • Telecommuting expenses: Not every state requires an employer to reimburse an employee for telecommuting expenses. However, there can be some unintended consequences for those companies that fail to offer reimbursements, such as expenses that drop an employee’s hourly wage below the state’s requirement.

What are Certain Leave Issues Employers Should Consider?

Even though an employee is working from home, it does not mean that they are no longer eligible to accrue sick time or take time off work for extended medical absences. On a federal level, the Family and Medical Leave Act (FMLA) still applies. In addition, most states have their own medical and family leave polices as well that the company must adhere to. Sick time is mandated by the state where an employee is physically working, which could raise some disparity among employees working in various states.

Are Employers Required to Distribute Notices?

Certain state laws require employers to provide notices to their employees. In many cases, some of these notices take place at the time of hire, while some occur annually. The documents can address different topics such as wage, leave/benefits notifications, or descriptions about anti-harassment or discrimination laws. Employees should consider the home state of the new employee and its applicable laws.

Certain employment laws require employers to physically display posters around the office to inform employees about certain laws and policies, such as wage and hour laws and anti-discrimination provisions. An electronic version of the poster may be more relevant to employees for certain companies working remotely. Additionally, state-mandated training applies to certain state employees.

What About Different State Laws?

To protect themselves moving forward, employers should conduct a thorough audit of all their employees and the states that they reside and work in. They should determine how long they intend to allow their employees to telecommute and if that delay is worth it. If a company is dedicated to telecommuting for the foreseeable future, it might want to consider putting together individualized employee handbooks based on their state of residence. Even if telecommuting is not in the company’s long-term plan, it makes sense to provide employees with at least a temporary teleworking arrangement.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Employers and Employees Understand Changing Employment Laws During the Pandemic

Given the number of employees who are working from home right now, employment laws have become much more complicated. If you need legal help sifting through the different laws, reach out to the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. today. Call us at 215-574-0600 or contact us online to get started. Located in Philadelphia, we serve clients throughout Pennsylvania and South Jersey.

What are Common Legal Issues that Businesses Face?

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Managing a successful small business can be a lot of work, especially in the early stages, when many difficult financial decisions must be made. The biggest ones pertain to what owners plan to spend their limited budget on. Given that resources can be tight, it is understandable why some elect to avoid some big-ticket items, like hiring a lawyer. While that may seem to make sense in the short-term, it could wind up costing the company much more in the long run. There are several common problems that impact all companies that a knowledgeable lawyer would be able to help the firm avoid.

Do I Have the Right Structure for My Business?

One of the first things that an entrepreneur and their partners must decide on is the structure of their business. This is extremely important because it could have serious tax liability issues. Establishing the correct structure will save a company several severe headaches going forward. Some of the different types of structures include:

  • Sole proprietorship
  • Partnership
  • Limited Liability Company (LLC)
  • C-Corporation
  • S-Corporation

Each one of these structures handles the liability and tax responsibilities of the owner in a different way. An LLC, for instance, separates the two and treats them as two different entities. Owners should research the different corporate structures thoroughly before deciding on which to choose.

What are Some Employee Issues I Need to Consider?

Even if the structure of the company is secure, another common problem that all companies deal with is managing employees. One of the biggest aspects of that is deciding how to classify them and verifying that their classification matches their level of responsibility. There are three main types of classifications, which are:

  • Full time employee: This type of employee is someone who works more than 30 hours a week. The company is obligated to offer health insurance, Workers’ Compensation, and other benefits.
  • Part time employee: These employees work a maximum of 30 hours a week and are usually not eligible for benefits, although a company can offer them if it elects to.
  • Independent contractor: This is a person who operates outside of the structure of a particular office and works independently. They are responsible for paying their own Medicare and other taxes, and are not eligible for some universal benefits, like Workers’ Compensation.

Deciding how to classify employees can be a tricky action, as misclassifying someone can lead to litigation later on. The best way to avoid any problems is to evaluate a job description ahead of time and decide what the hours and responsibilities will be, then classify the position based on the added costs of potentially paying for benefits.

If that position cannot be fully funded, the company may have to do without it until it can find the funding somewhere else to pay for that position. The legal costs further down the road are not worth cutting any corners with a person’s pay or benefits.

What Type of Paperwork Should I File on a Regular Basis?

Maintaining a business is more than just keeping employees and customers happy. There is a significant amount of paperwork that must be filed with both the state and the federal government on an ongoing basis. If a firm is publicly held, it could fall under the jurisdiction of the Securities and Exchange Commission (SEC) on the federal level and state regulators. Regardless, the company will be under an obligation to file certain documents, including:

  • Financial statements: These documents contain a snapshot of the firm’s financial status, including its income statement, balance sheet, and statement of cash flow.
  • Financial information: Any data that the company chooses to post about itself on its website.
  • Annual reports: These are issued to shareholders once a year.
  • Prospectus: A document that describes the investment offering for the public.

What Should I Do if I Have a Contract Dispute?

While contracts are supposed to be binding agreements between two or more parties, there can be disagreements between those parties over one’s actions. It may also be necessary to break a contract because the two sides no longer wish to work together anymore. To avoid a messy legal dispute, it is best to thoroughly review any contract before signing it. All parties should include language that grants them an easy escape should certain violations take place, or some other action occur, such as one of the two sides is arrested or has some other public embarrassment.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Help Small Businesses with Legal Matters

If you are facing legal hurdles within your small business and need help finding a legal remedy, reach out to the Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. For an initial consultation, call us at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout New Jersey and Pennsylvania.

Can Employers Restrict Employee Holiday Travel Plans?

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As news outlets report on how COVID-19 cases are surging and hospital beds are filling up, experts are advising people to cut back on holiday celebrations. They are not the only ones urging caution though, as some employers are asking their workers to do so as well. Some have created corporate videos and sent out memos to remind workers to avoid extensive travel and large gatherings. Others have offered paid time off for possible post-holiday quarantines or asked their employees to sign pledges that they would avoid large celebrations.

As a general rule, companies cannot restrict employees from attending holiday gatherings or holiday travel. However, there should be proper protocols in place; otherwise, employers could be liable if outbreaks occur in their workplaces. The Occupational Safety and Health Administration (OSHA) mandates employers to provide safe workplaces. This is why companies need to screen their employees and keep the lines of communication open.

Companies have legitimate concerns about their employees traveling and celebrating during the holiday season, as these activities can increase the risk of exposure, infection, and quarantine. It is a gray area, so it makes sense to first look at the Centers for Disease Control and Prevention (CDC) guidelines; these are updated regularly. For example, employers can make workers who travel to CDC Level 2 or 3 countries, or areas that have higher percentages of positive cases, self-quarantine for 14 days before coming back to work. This holds true even when employees show no symptoms.

Companies can require workers to get tested after travel, and this is in line with Equal Employment Opportunity Commission (EEOC) guidelines. It can take 14 days for infections to appear, so even if an employee tests negative, they could be positive afterward.

What About State Laws?

Though some companies may attempt to impose employee travel bans, it could be against the law in some states. As an example, some New York laws prohibit employers from taking adverse actions against employees who engage in lawful recreational activities outside of working hours, and this could apply to holiday gatherings or travel.

Employers can be uncertain about approaching the topic, since while attending large parties or traveling out of state might be risky, it is not thought to be illegal, unless there are state regulations in place. It is legal for employers to talk to workers about holiday plans, as long as the goal is to preserve the health and safety of everyone who workers there. These inquiries should be based on legitimate business concerns. Workers can also be given information about social distancing protocols; state, city, and county regulations; and travel advisories.

Companies may also ask employees to quarantine after the holidays, and they do have the right to do so. In some cases, employees can work from home when isolating, and this can be the best solution. There are laws such as the Families First Coronavirus Response Act that allow this to be considered paid time off, but only in certain circumstances.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Clients with Various Employment Matters

If you are unsure about your rights as an employee this holiday season, get in touch with the knowledgeable Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. For a confidential consultation, call us at 215-574-0600 or complete our online form. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

How Important is Confidentiality in a Sexual Harassment Case?

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Confidentiality

When a person is victimized by sexual harassment at work, it can be an awkward and embarrassing situation for them. They might feel uncomfortable at work, but they might also feel scared. They might want to tell someone but are afraid to talk for fear of retaliation. There are options for them to tell their story and maintain their confidentiality. As for those that can be targets of sexual harassment claims in the office, the question of confidentiality can be an important one, especially if the accusation is false or made with ill intentions. A false claim can get out and haunt a person throughout their career.

Is My Case Confidential with a Lawyer?

For those who suffered from sexual harassment at work and found that their employers have not been responsive to their claims, they can turn to an employment lawyer for help in the matter. They can feel confident that their story will remain between them and their legal representative. Lawyers are obligated by client confidentiality, meaning that what is said between the two parties remains between them. This rule allows them to speak freely with a client and gather all the information necessary to properly build a case.

The privilege covers potential clients, as well as if someone meets with a lawyer during an initial consultation, they should feel comfortable sharing their story. Even if after that meeting, the two sides decide not to continue with their professional relationship, the lawyer cannot disclose the details of that conversation with a third party. When a lawyer decides to take on a sexual harassment case, they can file the case without disclosing the victim’s name in the court documents. The identity of the victim might still be known by others related to the case or inferred from co-workers due to circumstances. However, if others attempt to look up the case, the name and other specific details will not be included in the final report.

Confidentiality During an Investigation

When an employee comes forward with a sexual harassment claim, it is a serious accusation that the company must treat as such. Once an accusation is made, a full investigation will be conducted to look into the accusation to verify its validity. The supervisor will either appoint someone to conduct the inquiry or do it themselves. There will be two goals of the investigation. The first is to obtain all the facts about the situation and get to the truth. The second, is to prevent any future problems from taking place again or stopping the ongoing abuse.

During an investigation, the person conducting the investigation must try to maintain the highest level of confidentiality as possible and protect the identities of the alleged victim and accuser. The investigator will have to disclose to the alleged abuser about the accusation and where it comes from and disclose some information to the people that were questioned. However, if the facts of the situation get out before a full and proper investigation, either the alleged accuser or harasser could sue on a few grounds.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Victims of Sexual Harassment in the Workplace

If you feel that you have been the subject of sexual harassment at work or you have been falsely accused of harassing someone at your workplace, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We will investigate your case and determine the next best steps. Call us at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and South Jersey.

Equal Pay Lawsuits Filed by Female Professors

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Equal pay is a constant fight for women in the workplace. Despite having similar or better credentials, women are still being paid less than their male counterparts. No matter the profession, gender discrimination happens in all workplaces, especially within those with a high population of older men. Women must work harder to prove themselves and may work their entire lives without being paid fairly in comparison to their male co-workers.

A law professor at the University of Texas School of Law recently filed an Equal Pay Act lawsuit due to the unfair pay she received in relation to her male co-workers. This complaint also alleges sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964. This is not the first time that the law professor complained to the university about unfair compensation and sexual discrimination. She speaks out frequently about the pay inequality at the university, despite the school’s verbal negative perceptions of her and her actions.

A Texas judge granted the university’s motion to partially dismiss the law professor’s lawsuit due to a failed causal connection between her pay complaints and receiving the lowest raise of any school faculty member. Her claims are still ongoing.

Ongoing Claims

This is not the first woman professor to bring a lawsuit to court. At least five other equal pay lawsuits have been filed by female professors from various universities since 2016. These lawsuits have been filed due to the way universities determine compensation. Law school deans often have significant say in pay decisions, which can be tainted by gender bias and because many men in the teaching field gain more respect for research and writing, despite their lack of quality and importance in relation to their female co-workers. This increases the dean’s overall opinion of male professors and allows them to raise their salaries.

Gender discrimination and pay gap issues often occur in the workplace. Many situations go unnoticed because women are afraid of the consequences if they mention it to their bosses. The female law professor has been described as poison after she confronted the appropriate parties. Other professors who filed lawsuits also stated that they were removed from important committee assignments and ignored in the workplace. Words and actions like these are why women are afraid to take a stand against pay inequality.

Although there are many obstacles that women face in the workplace, especially when it comes to pay gaps, it is important to fight for equal compensation. Fighting for equal pay is an ongoing battle and requires female workers to stand up for themselves when they feel as though they are being treated unfairly.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Fight for Equal Compensation in the Workplace

If you feel as though your pay does not match your abilities and that you are not being fairly compensated, contact the Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. for help. Our dedicated team understands the pay gap frustration and will work hard to ensure you receive proper pay. Gender discrimination is a serious issue that will only get resolved if we continue to fight for the rights of female workers. Call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.