Employment Law

We obtained a defense verdict in two consolidated matters in the Eastern District of Pennsylvania following a five-day trial before Judge Gallagher. The first plaintiff alleged he was terminated in retaliation for filing a lawsuit and that he was subjected to racial discrimination during his employment. The second plaintiff alleged he was terminated in retaliation for supporting the wage and hour claims of the first plaintiff. After deliberating for approximately two hours, the jury answered “no” on the five theories asserted by the plaintiffs.

We recently obtained a “no cause” verdict in an employment case in the Superior Court of New Jersey. The plaintiff, an employee of a New Jersey State entity, asserted violations of the Contentious Employee Protection Act (CEPA). According to the plaintiff, after reporting purported deficiencies with an environmental permit, he was subject to a retaliatory and hostile work environment. We successfully argued that the plaintiff did not articulate a violation of law or public policy, nor did he prove that the various employment actions he received created a hostile work environment or were even caused by the alleged whistleblowing.

In a case where we represented a child care center, a federal district judge from the Western District of Pennsylvania granted our motion to dismiss with prejudice. The plaintiffs were nine minority employees who were involuntarily furloughed in the fall of 2020. They filed suit, alleging their employment was terminated in violation of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Pennsylvania Human Relations Act, the Wage Payment and Collection Law, and Section 1981 of the Civil Rights Act. The court agreed with the arguments made by the center, finding that the plaintiffs’ class claims were not timely exhausted. The court disagreed with the plaintiffs’ arguments that their charges gave notice of their putative class claims because each charge only focused on the individual complainant’s alleged personal disparate treatment. The court also found that the plaintiffs were not entitled to equitable tolling as they did not exercise reasonable diligence in obtaining essential information bearing on their claim. Accordingly, the court dismissed the entire complaint with prejudice, finding no need to address the other bases for dismissal or the center’s request to strike the class action allegations. 

We obtained a “no cause” verdict in an employment discrimination case for a New Jersey state university. The plaintiff, seeking back pay, front pay, emotional distress, attorney fees, punitive damages and costs, alleged she was terminated from her position as director of the university’s performing arts center due to her age, gender and/or in retaliation for reporting internal complaints of age/gender discrimination. We successfully argued that the plaintiff was not terminated for discriminatory/retaliatory reasons but, instead, was terminated as a result of mandatory COVID-19 closures necessitated by Executive Orders. 

The New Jersey Appellate Division affirmed the dismissal our defense team obtained in a New Jersey Law Against Discrimination (NJLAD) perceived disability claim, alleging COVID-19 to be a disability under this statute. This employment discrimination claim involved a matter of first impression in New Jersey and established that COVID-19 infection, without more, does not constitute a disability under the NJLAD. A former employee filed suit, asserting perceived disability discrimination under the NJLAD. The plaintiff alleged he was wrongfully terminated based upon his employer’s perception that he had COVID-19. We filed a motion to dismiss in lieu of an answer, asserting the complaint did not set forth a cause of action as COVID-19 is not a recognized disability under the NJLAD. The court granted our motion and agreed that COVID-19 is not a disability under the NJLAD and, therefore, could not be the predicate for a perceived discrimination case. The Appellate Division affirmed this decision, finding the plaintiff’s COVID-19-perceived disability claim failed to plead a viable cause of action under the NJLAD.  

The plaintiff sought employment as a fork lift operator in a manufacturing facility. He was extended a conditional offer of employment, contingent on passing a pre-employment drug test. His drug test showed a positive indication for the presence of marijuana, and his offer was rescinded. The plaintiff claimed that he notified the facility that he held a valid Medical Marijuana Identification Card, yet our client still rescinded its offer in violation of the Pennsylvania Medical Marijuana Act. The Act prohibits an employer from refusing to hire a person solely on the basis of that person’s status as a certified medical marijuana user. In response to the complaint, we filed preliminary objections arguing that the employment offer was expressly contingent upon passing a drug test. We also argued that fork lift operation is, by its very nature, an inherently dangerous job that, if done carelessly or under the influence of a narcotic, could result in injury or death to the plaintiff or others on the premises. The court held that the Medical Marijuana Act’s provisions do not require an employer to hire a medical marijuana user as a forklift operator and taking on a substantial risk of liability for injury to persons. Additionally, the court found that a medical marijuana user does not have a right to be hired by a prospective employer who, prior to such hiring, determines that the position for which the prospective employee would be hired would require his or her performance of tasks an employer deems life-threatening to the employee or any of its employees. The demurer was sustained, and the complaint was dismissed.

Our defense team successfully obtained dismissal of a New Jersey Law Against Discrimination (NJLAD) perceived disability claim, alleging COVID-19 to be a disability under this statute. This employment discrimination claim involved a matter of first impression in New Jersey. A former employee filed suit asserting perceived disability discrimination under the NJLAD. The plaintiff alleged he was wrongfully terminated based upon his employer’s perception that he had COVID-19. We filed a motion to dismiss in lieu of an answer, asserting the complaint did not set forth a cause of action as COVID-19 is not a recognized disability under the NJLAD. The court granted our motion and agreed that COVID-19 is not a disability under the NJLAD and, therefore, could not be the predicate for a perceived discrimination case. 

The plaintiff brought claims for negligent hiring/supervision, false imprisonment, and intentional infliction of mental distress arising from an incident where she was allegedly lured to a residential apartment building in New York City under false pretenses and sexually assaulted by the desk security guard in a back room of the lobby. The guard involved was duly licensed and had no criminal history. At trial, he was criminally convicted and sentenced to prison. The plaintiff contended that the guard’s employer was negligent in its hiring of the guard and that it failed to properly supervise his actions at the building, particularly in light of the fact that during the criminal trial, some evidence surfaced that the guard may have committed a similar assault three days earlier while working at another building for a different company. After more than four years of discovery, we moved for summary judgment on behalf of the guard’s employer and the building owners/managers, which was granted, dismissing the plaintiff’s claims in their entirety.

In this employment law lawsuit, the plaintiff was a former employee who filed suit against our non-profit agency client, asserting claims of gender discrimination in violation of the New Jersey Law Against Discrimination and retaliation in violation of the New Jersey Workers’ Compensation Act. This matter involved a long and contested period of discovery, including extensive discovery demands, complex e-discovery and extensive motion practice. During the course of discovery, we were successful in obtaining a motion for reconsideration concerning the production of e-discovery data and other documentation lacking in relevance and proportionality to the matter. We thereafter filed a motion for summary judgment as to both counts in the plaintiff’s complaint, arguing that the plaintiff failed to establish a prima facie claim of discrimination on the basis of gender, as the plaintiff failed to present any evidence demonstrating discrimination or mistreatment on the basis of gender. We further argued that the plaintiff failed to establish a claim of retaliation under the New Jersey Workers’ Compensation Act because the plaintiff failed to establish any nexus between the termination and the filing of a workers’ compensation claim. Our motion for summary judgment was granted in its entirety, with the court finding that the plaintiff was terminated for legitimate, nondiscriminatory reasons.