3rd Circuit Appellate Court precedential opinions tend to be rare in PA and NJ employment matters regarding sexual harassment, pregnancy discrimination and other employment matters. David Koller, a PA and NJ employment lawyer fights for his clients and have obtained several precedential opinions regarding employment cases, sexual harassment cases and pregnancy discrimination cases.
3rd Circuit Revives NJ Employee’s Sexual Harassment Case: Hayes v. New Jersey Department of Human Services (July 19, 2024)
On July 19, 2024, the 3rd Circuit Court of Appeals issued a precedential opinion in Hayes v. New Jersey Department of Human Services, a sexual harassment case the appellant filed against her employer in New Jersey. As stated previously, precedential opinions tend to be rare in employment matters. This is the second precedential opinion Koller Law has obtained in July 2024 regarding employment cases, and the third precedential opinion regarding sexual harassment cases.
The Koller Law Firm represented Hayes in her sexual harassment lawsuit against her employer. The 3rd Circuit Court of Appeals found that the lower court incorrectly calculated when the 90-day clock for her to file suit started after we learned that the Equal Employment Opportunity Commissions (EEOC) would not pursue our client’s claim. The court held that insufficient notice was given to our client notifying her that the 90-day period for her to file a civil action had started.
Firm Founder and PA/NJ sexual harassment lawyer, David Koller, stated that they were thrilled with the decision. He further stated in an interview that this case “will help clarify what is and is not proper notice, especially given the relatively new portal system implemented by the EECO in recent years.
3rd Circuit Determines Pregnant Employee Can Argue Pregnancy Discrimination Claim Against Former Employee (July 3, 2024)
On July 3, 2024, the 3rd Circuit Court of Appeals issued a precedential opinion in Peifer v. Commonwealth of Pennsylvania, Board of Probation and Parole, a pregnancy discrimination case the appellant filed against her employer in Pennsylvania. Precedential opinions tend to be rare in employment matters. The opinion marks the third precedential opinion Koller Law has obtained in a discrimination employment case.
Our client was an Alcohol and Other Drugs agent, which required her to perform various physical functions, such as running to catch escaping offenders and restraining and moving offenders. Our client has Multiple Sclerosis (MS), and in January 2020, and she learned she was pregnant. In the beginning of March, our client informally asked her employer to provide her with accommodation by assigning her to work “light duty” due to her pregnancy. She then made a formal request in mid-March and was told to discuss unpaid leave with the FMLA coordinator. A few days after, on March 25th, our client provided a doctor’s note listing 23 of the 94 functions she could not perform and again requested accommodation. However, her request was denied again. A charge was filed with EEOC on April 21, 2020.
On May 14, 2020, her employer told her that they could accommodate her, and later, we found that accommodation was given due to her MS. The lower court held that there was no pregnancy discrimination case because accommodation was ultimately provided.
However, the 3rd Circuit Appellate Court stated, “Pregnancy is temporary, so if employers could deny pregnant workers accommodation for a period of months but escape liability by eventually relenting, the statute would offer very little protection.”
After this important and precedential decision, we now have a renewed opportunity to argue our client’s pregnancy discrimination claims, based on its repeated denials of her light-duty requests, against her former employer.
3rd Circuit Revives Harassment Suit Against Susquehanna County
Koller Law Firm – Philadelphia Sexual Harassment and Employment Lawyers
At Koller Law our passion lies in representing people from all walks of life who have experienced sexual harassment, disability discrimination and race discrimination.
We have been handling employment cases throughout Pennsylvania and New Jersey, just like yours, for many years. Koller Law is not run like every other firm – we provide the compassionate, individual attention employees need and deserve.