Semanoff Ormsby Greenberg & Torchia, LLC (SOGT) litigators Joe Fluehr and Mike Torchia recently had a notable win when the Third Circuit Court of Appeals (one step below the United States Supreme Court) affirmed a decision that their client was not liable for disability discrimination.

SOGT represents the Pennsylvania Senate Democratic Caucus, an organization in Harrisburg that handles administrative, human resources, legal, and a variety of other functions for the Democratic Senators and the employees that work for them.

A former staff employee accused the Caucus of unlawfully terminating her because of her disability, in this case, time off to treat cancer. At the trial level, the court found that the Caucus had done nothing wrong, and also that it could not be sued due to immunity under the Eleventh Amendment of the U.S. Constitution.

Joe Fluehr primarily litigated the case and wrote the appellate briefs. “The arguments were somewhat complex, and Joe’s brief prevailed despite the fact that the Eleventh Amendment immunity argument was the first of its kind for the Caucus.” said Mike Torchia, who managed the matter.

The three-judge panel of the Third Circuit agreed, upholding the decision that the Caucus had engaged in no wrongdoing, and that the Caucus had Eleventh Amendment immunity.

If you have questions regarding an employment matter, please contact Joe Fluehr at jfluehr@sogtlaw.com, or Mike Torchia at mtorchia@sogtlaw.com