In a recent precedent-setting opinion, the Third Circuit Court of Appeals significantly restricted the ability of police departments to suspend police officers pending investigation in Pennsylvania. The decision in Schmidt v. Creedon, __ F.3d __ (3rd Cir. 2011) (pdf) makes clear that absent extraordinary circumstances, prior to suspending a police officer for any reason
Public Employers
Public Employers Still Cannot Unilaterally Impose Restrictions on Union Employees’ Tobacco Use
By Adam Santucci on
Posted in Public Employers
This post was contributed by Kelley E. Kaufman, Esq., an Associate in McNees Wallace & Nurick LLC’s Labor and Employment Law Practice Group.
In a recent decision, the Supreme Court of Pennsylvania evaluated whether a public employer’s ban on employee tobacco use in the workplace affected a "working condition" that was subject to the…
Supreme Court Issues Highly Anticipated City of Ontario v. Quon Decision
By Adam Santucci on
Posted in Public Employers
On June 17, 2010 the United States Supreme Court issued the highly anticipated decision City of Ontario v. Quon (pdf). The case was closely watched by many in the human resources and employment law spheres because it was thought that the case would shed valuable light on employees’ privacy rights in the area of…
Civil Rights Division Announces Plan to Target Public Employers
By Adam Santucci on
Posted in Public Employers
During his recent State of the Union Address, President Barack Obama confirmed the news that some employers feared. During his address, President Obama stated that the Civil Rights Division (CRD) of the Department of Justice (DOJ) will begin aggressively pursuing employment discrimination claims. The President’s statement reiterated the CRD’s December 2009 message to Congress…
Public Employers Beware: The Other Religious Discrimination Claim
By Adam Santucci on
Posted in Public Employers
As a public employer, your actions are considered the actions of the government or the “state.” This dual persona brings with it additional obligations and challenges that private employers do not face. Some of these obligations include the requirement to provide due process rights to employees, and the challenges include a seemingly endless variety of…