3rd Circuit Court Reports Archive 

Female Police Officer Fails to Show Gender Bias Female Referee Is Employee of Multiple Employers Stricter Standard Adopted for Retaliation Claims Under Rail Safety Law Court Adopts Liberal Standard for Protected Whistleblower Activity Under SOX Discrimination Claim Proceeds Due to Uncertainty over Resignation Employer’s Adherence to Disciplinary Policy Defeats Claims Terminating Employee Who Requested Leave May Have Violated FMLA FMLA Does Not Prohibit Discharge of Employee Abusing Leave Lack of ‘Significant Control’ Excludes Stockholder as Joint Employer Loss of Leave Time Constituted Adverse Employment Action ERISA Suit Does Not Require Joinder of Trustees FLSA Collective Actions Not Incompatible with State Law Class Actions ERISA Requires ‘Administrative Scheme’ for Qualified Plans 3rd Circuit: Residency Requirement for Firefighter Applicants Violates Title VII 3rd Circuit: Stray Remarks Do Not Support ADEA Claim 3rd Circuit: Court Delineates Scope of Employee’s Constitutionally Protected Privacy Interest 3rd Circuit: Court Examines Cat’s Paw Retaliation Theory 3rd Circuit: Performance Improvement Plan Is Not ‘Adverse Employment Action’ 3rd Circuit: Employees Adequately Mitigated Damages; NLRB Back Pay Order Enforced 3rd Circuit: Employer’s Disclosures of Amended Pension Plan Satisfied ERISA 3rd Circuit: Fifteen Minutes May Be Adequate Time to Review Separation Agreement 3rd Circuit: Hospital Could Unilaterally Ban Unionized Workforce from Smoking 3rd Circuit: Insufficient Evidence Sustains Summary Judgment in Discrimination Case 3rd Circuit: ERISA Fiduciary Not Responsible for Spouse’s Retirement Decision 3rd Circuit: Discrimination Complaint Dismissed 3rd Circuit: Fair Pay Act Does Not Extend to Failure-to-Promote Claims 3rd Circuit: Employees Who Received Flat-Rate Payments Tied to Sales Are Exempt 3rd Circuit: Court Narrows Probe in ADA Case 3rd Circuit: Prison’s Ban on Muslim Headgear Is Not Religious Discrimination 3rd Circuit: Attorney Not Entitled to Equal Pay Protection 3rd Circuit: Executive’s Start Date Blocked 3rd Circuit: Guidelines Should Be Followed When Appointing Counsel to Represent Class 3rd Circuit: Preliminary Injunction on Noncompete Agreement Vacated 3rd Circuit: Accommodation May Include Assist with Commute to Work 3rd Circuit: Government Time Limit Noncompliance No Defense to H-1B Visa Violation 3rd Circuit: Impairment Caused by Medication’s Side Effects May Be Disability 3rd Circuit: Lay Testimony Can Help Establish FMLA ‘Serious Health Condition’ 3rd Circuit: Amendment to Welfare Plan Violates ERISA 3rd Circuit: Helicopter Pilots Are Entitled to Overtime Under FLSA 3rd Circuit: Sales Rep FLSA-Exempt 3rd Circuit: Age Discrimination Claim Not Established Despite ‘Old Man’ Remark 3rd Circuit: Terminated Employee Failed to Establish Race Discrimination 3rd Circuit: Privacy Issues in Union-Organizing Case 3rd Circuit: Replacing Employee with Younger Person Is Not Always Age Discrimination D.N.J.: Company Unlawfully Accessed Employee’s Invitation-Only MySpace Chat Group 3rd Circuit: FMLA Protection Broadened 3rd Circuit: Independent Contractor May Bring Section 1981 Race Discrimination Claim 3rd Circuit: Ledbetter Law Leads to Equal Pay Victory 3rd Circuit: Employers That Make Benefits Look Too Good May Breach Fiduciary Duty 3rd Circuit: Discriminatory Hiring Practices Award Vacated 3rd Circuit: Gay Employee Allowed to Proceed with Gender Stereotyping Claim 3rd Circuit: Certification in Largest ADA Discrimination Case in History Rejected 3rd Circuit: Rule Permitting 17 Additional Months Under F-1 Visa Withstands Challenge 3rd Circuit: Company Leave Policy Does Not Conflict with FMLA 3rd Circuit: Supervisors Were Not Title VII Managers 3rd Circuit: False Claims Act May Extend to Federal Funds Granted to State Agencies 3rd Circuit: Professor’s First Amendment Claim Fails 3rd Circuit: Prohibition Against Wearing Headscarf OK’d 3rd Circuit: OSHA Employee Notification Rule Sunk 3rd Circuit: Misperception Absent Interaction Was Problematic 3rd Circuit: Anxiety and Depression Not Evidence of ADA Disability 3rd Circuit: FMLA Leave Not Evidence of ADA Disability 3rd Circuit: Calling In Sick To Go to Vegas Grounds for Termination 3rd Circuit: WARN Act’s Exception to Notice Requirements Clarified 3rd Circuit: Spanish-Speaking Employee Held to Arbitration Provision in English 3rd Circuit: Employer Lawfully Terminated Retiree Death Benefit 3rd Circuit: Recovery Permitted for Repeated Representations About Pension Credits 3rd Circuit: Agoraphobic Faculty Member Could Not Support ADA/FMLA Claims 3rd Circuit: Pregnancy Discrimination Includes Abortion 3rd Circuit: Employees Who Lost 'Bridging Rights' Lose ERISA Claim 3rd Circuit: Denial of Job to Person with Crime Conviction Upheld 3rd Circuit: Cash Balance Plan Did Not Discriminate Based on Age 3rd Circuit: Appeals Court Upholds Employer's Right To Prorate Bonus Under FMLA More...