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Uncategorized

Employment Law Update June 2025 

June 30, 2025 by MacElree Harvey, Ltd. Leave a Comment

In June 2025, a federal court ruling limits the EEOC’s former LGBTQ+ workplace guidance, the Third Circuit emphasizes stronger standards for religious accommodations in an Atlantic City beard ban case, and Philadelphia’s new POWER Act sets a bold precedent for local worker protections and employer accountability. Get the latest details in this month’s update.

Federal Court Strikes Key Portions of EEOC’s 2024 Guidance on Gender Identity and Sexual Orientation

The U.S. District Court for the Northern District of Texas recently ruled that key portions of the EEOC’s updated guidance on sexual orientation and gender identity under Title VII exceeded the agency’s authority. The court’s decision in Texas v. EEOC vacated sections of the guidance that defined “sex” to include sexual orientation and gender identity and that categorized issues like pronoun usage, dress codes, and bathroom access as sex-based harassment. Though issued by a Texas court, the ruling has national impact, barring enforcement of those vacated provisions.

The EEOC had relied on the Supreme Court’s 2020 decision in Bostock v. Clayton County, which held that Title VII prohibits discrimination based on sexual orientation or gender identity. However, the Texas court found that the EEOC went beyond Bostock, which did not address workplace policies on dress, bathrooms, or pronouns.

The ruling follows a January executive order from President Trump’s administration affirming a policy of recognizing only male and female sexes and rejecting gender identity as a legal concept. EEOC Commissioner Andrea Lucas, aligned with this view, has expressed support for rescinding the contested guidance, though the commission lacks the quorum needed to formally do so.

In response, the EEOC has labeled the vacated guidance portions on its website, while the rest of the 2024 guidance remains in effect. Employers are advised to proceed cautiously, recognizing that many state and local laws still protect LGBTQ+ workers, and that further legal challenges are likely. Employers are also encouraged to consider employee well-being and internal values when shaping antidiscrimination policies amid this legal uncertainty.

Third Circuit Revives Religious Bias Suit Over Beard Ban in Atlantic City Fire Department

A divided Third Circuit panel ruled that Atlantic City may have failed to properly accommodate a fire department worker’s religious beliefs, partially reviving a lawsuit brought by an air mask technician who was denied a beard exemption under the city’s grooming policy.

In Alexander Smith v. City of Atlantic City, et al., No. 23-3265, in the U.S. Court of Appeals for the Third Circuit, Smith, a Christian, requested permission to grow a beard, citing religious reasons – specifically, his belief that wearing a beard emulates Jesus and biblical prophets. The city denied his request, citing safety concerns that beards interfere with air mask seals. Smith was later suspended for 40 days after refusing to fight a fire during a tropical storm, claiming he lacked recent training.

The Court of Appeals upheld dismissal of Smith’s retaliation and equal protection claims but reinstated his Title VII failure-to-accommodate and First Amendment free exercise claims. The majority found the city may have been able to tailor its policy, such as reassigning Smith to non-firefighting duties or testing mask fit with a beard, without compromising safety.

The court also criticized the lower court for relying on the city’s “good faith” efforts, clarifying that such efforts do not excuse a Title VII violation.

The ruling allows Smith to pursue claims that the city failed to reasonably accommodate his religious beliefs and grants him temporary relief to grow his beard. The Third Circuit’s decision reinforces the stricter standard recently set by Groff v. DeJoy for religious accommodations under Title VII. The court made clear in Groff that employers must show a substantial hardship — not just minimal inconvenience — to deny a request. On the whole, the Third Circuit’s ruling reflects the growing expectation that employers take religious accommodation requests seriously and evaluate them with greater care.

Philadelphia Enacts POWER Act, Setting New Standard for Worker Protections

Philadelphia Mayor Cherelle Parker recently signed the Protect Our Workers, Enforce Rights (POWER) Act, after its unanimous passage by City Council earlier that month. Effective immediately, the law strengthens protections for over 750,000 workers and significantly increases employer accountability under local labor laws. The POWER Act amends Title 9 of the Philadelphia Code related to paid sick leave, wage theft, domestic worker protections, fair workweek law, victims of retaliation, and enforcement of worker protection ordinances.

The POWER Act applies to all employers within city limits and introduces stricter anti-retaliation rules, expanded enforcement authority, and new rights for employees. Key provisions include a rebuttable presumption of retaliation if adverse action is taken within 90 days of a worker engaging in protected activity, such as filing a complaint or opposing unlawful practices. The Act also provides strong protections for immigrant workers, enabling the Office of Worker Protections (OWP) to support applications for U and T visas or deferred action where appropriate.

For tipped employees, the POWER Act increases the paid sick leave rate by averaging wages across related service positions, as defined by the Pennsylvania Department of Labor & Industry. Employers must also maintain detailed records of hours worked and paid sick leave for at least three years, up from the previous two-year requirement.

The Act also allows workers to receive direct compensation for violations and empowers the OWP to impose civil penalties, conduct investigations, and even suspend business licenses for repeated violations. Employers with three or more violations will be listed in a public “bad actors” database.

For the first time, employees can file private civil lawsuits without first exhausting administrative remedies, provided they give written notice and a 15-day window to resolve the issue – unless the violation involves willful misconduct or retaliation.

Given the Act’s sweeping scope and immediate effect, Philadelphia employers must act quickly to ensure compliance. This includes reviewing workplace policies, updating payroll systems, maintaining detailed records, and carefully assessing any employment actions following protected worker activity. Noncompliance could result in fines, lawsuits, or business suspensions, making proactive compliance essential.


Jeff Burke is an attorney at MacElree Harvey, Ltd., working in the firm’s Employment and Litigation practice groups. Jeff counsels businesses and individuals on employment practices and policies, executive compensation, employee hiring and separation issues, non-competition and other restrictive covenants, wage and hour disputes, and other employment-related matters. Jeff represents businesses and individuals in employment litigation such as employment contract disputes, workforce classification audits, and discrimination claims based upon age, sex, race, religion, disability, sexual harassment, and hostile work environment. Jeff also practices in commercial litigation as well as counsels businesses on commercial contract matters. 

Filed Under: Uncategorized

Supreme Court Ends Extra Burden for Majority-Group Discrimination Claims 

June 9, 2025 by MacElree Harvey, Ltd. Leave a Comment

On June 5, 2025, the U.S. Supreme Court unanimously struck down the “background circumstances” rule in Ames v. Ohio Department of Youth Services, reshaping how employment discrimination claims are evaluated under Title VII of the Civil Rights Act. The now-invalidated rule had required plaintiffs from majority groups—typically white or male employees—to provide extra evidence showing their employer might discriminate against the majority.  This particular case involved Marlean Ames, a straight woman who alleged sex and sexual orientation discrimination when a gay male colleague was promoted over her. Justice Ketanji Brown Jackson, writing for the Court, emphasized that this added burden conflicted with Title VII’s plain language, which guarantees equal protection for all individuals, regardless of majority or minority status. The Court ruled that all discrimination claims under Title VII must follow the same legal framework, without extra evidentiary demands based on group identity. 

This decision resolves a long-standing circuit split and ensures uniform treatment of employment discrimination claims nationwide.  Moving forward, the case serves as a reminder that employers must focus on equal employment for all individuals, regardless of any perceived status as a member of the “majority”.  If you have any questions about the potential impact of the Court’s decision, including how to develop nondiscrimination policies, the attorneys at MacElree Harvey can provide the guidance you may need. 

Jeff Burke is an attorney at MacElree Harvey, Ltd., working in the firm’s Employment and Litigation practice groups. Jeff counsels businesses and individuals on employment practices and policies, executive compensation, employee hiring and separation issues, non-competition and other restrictive covenants, wage and hour disputes, and other employment-related matters. Jeff represents businesses and individuals in employment litigation such as employment contract disputes, workforce classification audits, and discrimination claims based upon age, sex, race, religion, disability, sexual harassment, and hostile work environment. Jeff also practices in commercial litigation as well as counsels businesses on commercial contract matters. 

Filed Under: Uncategorized

MacElree Harvey Welcomes Attorney Elias A. Kohn to Business Department

June 4, 2025 by MacElree Harvey, Ltd. Leave a Comment

West Chester, PA – June 4, 2025 – MacElree Harvey, Ltd. is pleased to announce that attorney Elias Kohn has joined the firm as an Associate in the Business Department, expanding the firm’s capabilities in complex commercial litigation, class actions, and business transactions.

Elias brings a strong background in both civil and criminal litigation, having represented clients in high-stakes class actions, environmental and employment matters, and complex disputes in state and federal court. His experience also includes advising clients on transactional issues, particularly in the healthcare sector, giving him a unique perspective at the intersection of litigation and business law.

Prior to joining MacElree Harvey, Elias practiced at a Philadelphia-based law firm focused on complex commercial litigation and also served as a prosecutor, where he independently handled felony and misdemeanor trials and was specially assigned to economic and environmental crime matters.

Elias earned his J.D. cum laude from Lewis & Clark Law School, where he served as an Associate Editor for Environmental Law Review and was honored for his oral advocacy skills. He also holds a Master of Environmental Management from Yale University and a B.A. in Sociology, magna cum laude, from the University of Southern California.

Elias is admitted to practice in Pennsylvania and was recognized as a Pennsylvania Super Lawyers “Rising Star” in both 2024 and 2025.

With Elias’ addition, MacElree Harvey continues to strengthen its business law bench and deliver forward-thinking legal solutions to meet the evolving needs of its clients.

Filed Under: News, Uncategorized Tagged With: Elias A. Kohn

Attorney Spotlight: Brian L. Nagle | Chair of Land Use & Zoning Department at MacElree Harvey

June 3, 2025 by MacElree Harvey, Ltd. Leave a Comment

1. Where were you born and raised?
I was born and raised in West Chester, Pennsylvania, which is also where I now have my office at MacElree Harvey. It’s great to serve the community I’ve always called home.

2. What did you want to be when you grew up?
As a kid, I dreamed of being a police officer or an FBI agent — my dad was with the FBI. Later, I considered becoming a lawyer or even an archaeologist. I earned my bachelor’s degree in archaeology and anthropology from Catholic University.

3. What inspired you to pursue a legal career?
Law was always in the background for me. My dad, step-grandfather, and uncle were all lawyers. I realized I didn’t want to be a college professor, so I went to law school to explore the path, and I’m glad I did.

4. Who has had the greatest influence on your career?
My dad, the late Ronald C. Nagle. He was a senior judge for the Chester County Court of Common Pleas and Of Counsel at MacElree Harvey. His example shaped much of my professional path.

5. How long have you been with MacElree Harvey?
This month marks 20 years at the firm.

6. What drew you to land use and zoning law?
It really started with an interest in real estate. My mom was a realtor, and I’ve always liked the idea of building something tangible. That interest, combined with my background in archaeology and mentorship from other attorneys, naturally led me here.

7. How has your role evolved over the years?
I started as an Associate, and at the time, there were just two of us in the Land Use Department. We’ve since grown to six attorneys. I became a shareholder in 2014, joined the Executive Committee, and have led the Land Use department for many years now.

8. What do you enjoy most about working at MacElree Harvey?
The people. Our team is collaborative, invested, and always discussing new developments in the law. It’s an energizing environment where we’re all pushing toward the same goal: excellent results for our clients.

9. Can you share a recent accomplishment you’re proud of?
Expanding the depth and capability of our team has been huge. We now represent both local and national developers. One highlight was helping bring a new hotel to West Chester. We’ve also supported a wide range of residential, industrial, and commercial projects across the region.

10. Is there a project that stands out as especially meaningful?
There are many, It’s tough to pick just one. Some of the most rewarding work involves helping revitalize spaces in the community. 

11. What does a typical day look like for you?
My day starts with dropping my third grader off at St. Agnes, followed by a workout or a walk/run with my wife. Then I’m in the office five days a week, juggling meetings, calls, and emails. It’s a full schedule, but I enjoy the pace.

12. How do you stay current with zoning regulations and policy changes?
When it’s your entire focus, staying current is part of the job. We’re always researching case law, and we meet monthly as a department to review new developments. I also regularly connect with other land use attorneys to share insights.

13. What’s a skill that’s helped you succeed in your practice?
Persistence, energy, and an unwavering focus on client goals. I’ve always believed in working hard and staying determined, especially when navigating complex projects.

14. What’s one thing you wish more clients understood before starting a zoning or development project?
The more informed and determined the client, the better. Having a clear, realistic vision and understanding of their project helps us move more efficiently toward success.

15. What’s something your colleagues might be surprised to learn about you?
I’m pretty open, so there aren’t many secrets! But some might be surprised to know I’m a big fan of Revolutionary War history.

Brian L. Nagle, a seasoned attorney specializing in land use and zoning law, brings a wealth of experience to his clients. Based in Pennsylvania, he leads the Land Use and Zoning group at MacElree Harvey, Ltd., where he represents a diverse clientele, including developers, entrepreneurs, and institutions . Beyond his legal practice, Brian is actively involved in the community, serving on various boards and committees. For those interested in learning more about his work or seeking legal guidance in land use matters, you can find additional information on his online bio.

Filed Under: Uncategorized

13 MacElree Harvey Attorneys Recognized in 2025 Super Lawyers® and Rising Stars Lists

May 25, 2025 by MacElree Harvey, Ltd. Leave a Comment

West Chester, PA | May 25, 2025 — MacElree Harvey is proud to announce that 14 of its attorneys have been recognized in the 2025 editions of Super Lawyers® and Rising Stars, prestigious designations awarded by Thomson Reuters. These honors reflect outstanding professional achievement and peer recognition, with no more than five percent of attorneys in each state selected for Super Lawyers and 2.5 percent for Rising Stars.

Notably, many of this year’s honorees have been recognized for more than a decade, with several earning Super Lawyers distinction for 15 years or more. This level of sustained recognition reflects the depth of experience and long-standing leadership within the firm, as well as our commitment to delivering trusted legal services across a broad range of practice areas.

2025 Super Lawyers®

  • Robert A. Burke – Litigation – Trusts and Estates
    Recognized from 2015–2025 (11 years)
  • Harry J. DiDonato – Business & Corporate Law, Real Estate Law, Tax Law
    Recognized in 2008 and 2012–2025 (15 years)
    Top 100: Pennsylvania Super Lawyers: 2024; Top 100: Philadelphia Super Lawyers: 2024
  • J. Charles Gerbron, Jr. – Land Use & Zoning Law, Real Estate Law
    Recognized from 2022–2025; previously a Rising Star from 2013–2020 (12 years)
  • Peter E. Kratsa – Criminal Defense: General Practice, Criminal Defense: White-Collar, Family Law
    Recognized from 2021–2025 (5 years)
  • Brian L. Nagle – Land Use & Zoning, Real Estate Law
    Recognized from 2013–2025 (13 years)
  • Lance J. Nelson – Family Law
    Recognized from 2010–2012 and 2014–2025 (15 years)
  • Timothy F. Rayne – Personal Injury Litigation – Plaintiffs, Medical Malpractice Law – Plaintiffs, Product Liability Litigation – Plaintiffs
    Recognized from 2009–2025 (17 years)
    Top 100: Pennsylvania Super Lawyers: 2012, 2014–2025; Top 100: Philadelphia Super Lawyers: 2012, 2014–2025

2025 Rising Stars

  • Patrick J. Boyer – Family Law
    Recognized from 2021–2025 (5 years)
  • Matthew C. Cooper – Corporate Law, Mergers and Acquisitions Law
    Recognized from 2023–2025 (3 years)
  • Caroline G. Donato – Criminal Defense: General Practice, Criminal Defense: White-Collar
    Recognized from 2018–2025 (8 years)
  • Brian J. Forgue – Business Litigation
    Recognized from 2018–2025 (8 years)
  • Patrick J. Gallo, Jr. – General & Civil Litigation
    Recognized from 2015–2025 (11 years)
  • Robert M. Tucker, Jr. – Land Use & Zoning
    Recognized from 2019–2025 (7 years)

About MacElree Harvey, Ltd.:
MacElree Harvey is a full-service law firm with offices in Pennsylvania and Delaware. Our attorneys are dedicated to providing clients with reliable representation across various practice areas, including business and corporate law, criminal defense, family law, litigation, personal injury, real estate and land use, and trusts and estates. We believe in Initiative in Practice® and delivering results for every client, every day.

For more information, visit www.macelree.com.

Filed Under: Uncategorized

MacElree Harvey Named a 2025 Top Workplace by The Philadelphia Inquirer

May 19, 2025 by MacElree Harvey, Ltd. Leave a Comment

WEST CHESTER, PA | May 18, 2025 – MacElree Harvey is proud to announce its recognition as a 2025 Top Workplace by The Philadelphia Inquirer. This esteemed honor is based on employee feedback collected through a third-party survey conducted by Energage, LLC, highlighting the firm’s commitment to fostering a supportive and high-performing work environment.

In the 2025 rankings, MacElree Harvey secured the 61st position among small companies in the Philadelphia region.  

The Philadelphia Inquirer featured MacElree Harvey in its Top Workplaces 2025 campaign with an article titled “MacElree Harvey: Built on Excellence. Driven by People.”   The article emphasizes the firm’s dedication to a culture that blends high performance with high engagement, stating: 

“At MacElree Harvey, our strength comes from our people — smart, driven professionals who care deeply about doing meaningful work and supporting one another.”

CEO Michelle Foster elaborated on the firm’s culture, saying:

“At MacElree Harvey, culture drives performance. The culture we have built is intentional. It’s how we lead, how we grow, and how we deliver for our clients. We are thoughtful about who we hire, how we work together, and how we invest in one another.”

The Top Workplaces award evaluates organizations based on key culture drivers such as alignment, execution, and connection. According to The Philadelphia Inquirer, this year’s winners represent organizations that excel in putting their people first.

To read the full article from The Philadelphia Inquirer, visit: MacElree Harvey: Built on Excellence. Driven by People.

Filed Under: Uncategorized

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