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Dajti v. Penn Cmty. Bank

Publication Date: 2021-04-12
Practice Area: Labor Law
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Padova
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0399

Employment discrimination and retaliation claim not dismissed where plaintiff plausibly alleged employer's and supervisor's discriminatory behavior towards plaintiff's need to breastfeed and her subsequent pretextual termination. Defendant's motion to dismiss denied.
Redley v. Whole Foods Mkt. Group, Inc.

Publication Date: 2021-03-08
Practice Area: Labor Law
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0259

Defendant store moved for summary judgment in plaintiff's Title VII disparate treatment and disparate impact action filed after he was denied promotion and court granted summary judgment as to his disparate impact claim, found a jury could find the proffered reasons for not promoting plaintiff were pretextual and denied summary judgment on his hostile work environment claim. Motion granted in part and denied in part.
Hills v. County of Lehigh

Publication Date: 2021-03-08
Practice Area: Labor Law
Industry: Health Care | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0252

Allegation by employee that she was terminated on the basis of her sex when co-workers of the opposite sex were not subject to adverse action was sufficient to allow for both retaliation and sex discrimination claims. Defendants' motion to dismiss denied.
City of Erie v. Gen. Teamsters Local Union No. 397 (Kirsch)

Publication Date: 2021-03-01
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0216

Employer erred in terminating employee for failing to personally explain his absence from work where CBA did not prohibit employees from having union representatives speak on their behalf. Order of the trial court reversed.
Feit v. Lehigh Univ.

Publication Date: 2021-02-22
Practice Area: Labor Law
Industry: Education | Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0191

Hostile work environment claims were untimely, and retaliation claim failed after employee had been terminated for the legitimate, non-discriminatory reason of rendering improper care to a patient. Defendant's motion for summary judgment granted.
Martinez v. UPMC Susquehanna

Publication Date: 2021-02-15
Practice Area: Labor Law
Industry: Health Care
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0157

Allegation that a plaintiff's replacement at work was "significantly younger" than the plaintiff was sufficient at the pleading stage, since the replacement's actual age would be revealed during discovery. Order of the district court reversed, case remanded.
Mahr v. Project Mgmt. Inst. Inc.

Publication Date: 2021-02-15
Practice Area: Labor Law
Industry: Non-Profit
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0162

Title VII and Pennsylvania Human Relations Act claims could not be brought as class or collective action where plaintiff failed to specify that the claims were being alleged as class claims or to plead allegations sufficient to justify a class action. Defendant's partial motion to dismiss granted in part and denied in part.
County of Allegheny v. Int'l Bhd. of Teamsters

Publication Date: 2021-02-15
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0152

The trial court erred in granting employer's petition to vacate an arbitration award with regard to certain county employee wage increases where the appellate court could not say that the award was indisputably without foundation in, or failed logically to flow from, the parties' collective bargaining agreement. The commonwealth court reversed and remanded.
Casselli v. DeJoy

Publication Date: 2021-02-08
Practice Area: Labor Law
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0124

Plaintiff's race discrimination claim survived where the alleged facts made it plausible that a manager's physical attack upon him constituted the culmination of a prior threat to "kick [his] white ass," thus linking the incident to the prior racially charged statements, even though another plausible explanation was anti-union animus. The court denied in part defendants' motion to dismiss.
York County Prison v. Teamsters Local Union No. 776

Publication Date: 2021-01-25
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0069

Essence test did not permit court to overturn arbitration award where arbitrator found that grievants' actions did not rise to the level of proven dishonesty that expressly called for immediate termination under the CBA. Order of the trial court affirmed.

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