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Pennsylvania Employee Law Blawg > Posts > Pennsylvania Supreme Court Rejects Common Law Employment Claim for Sexual Discrimination
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7/27/2009On July 22 in Weaver v. Harpster the Pennsylvania Supreme Court by a margin of 5-2 rejected the existence of a common law employment claim for sex discrimination. The claim was made by a female employee against an employer who had too few employees to be considered an employer for the purposes of the Pennsylvania Human Relations Act. The plaintiff asked the Court to recognize the existence of a public policy exception to the at-will employment doctrine for sexual discrimination claims against employers that are not subject to the PHRA. The Court rejected this argument, holding that the PHRA is the exclusive state remedy for sexual discrimination claims against private employers. The Court also found that the Equal Rights Amendment to the Pennsylvania Constitution did not create a public policy exception to the at-will doctrine, finding that the Amendment only constrains the state. The majority opinion by Justice Baer is available here and the dissent by Justice Todd and joined by Chief Justice Castille is available here. |
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