Bio
Sidney R. Steinberg is a Principal and Chair of the Firm's Labor and Employment & Employee Relations Practice Groups. Mr. Steinberg’s practice involves virtually all aspects of labor and employment law, including substantial litigation experience defending employers against employment discrimination and wage and hour disputes in federal and state courts. He also has experience in representing employers before federal, state and local administrative agencies, including the EEOC, the Department of Labor and the National Labor Relations Board, as well as in arbitration proceedings.
Mr. Steinberg is the monthly employment law columnist for The Legal Intelligencer in Philadelphia. He has been named one of Philadelphia's Super Lawyers in the specialty of Employment Litigation six times, most recently in 2020. His peers voted him for inclusion in the 2020 edition of The Best Lawyers in America© in the category of Employment Law - Management and, in 2012, Martindale-Hubbell listed Mr. Steinberg as one of Philadelphia's Top-Rated Lawyers. For information about these selections and an overview of common third-party publications, rankings, and lists methodologies, click here.
He is currently the Chair of the Employment and Labor Committee of Defense Research Institute (DRI), the country’s largest defense organization.
In addition to his litigation experience, Mr. Steinberg regularly advises employers in matters including employee discipline, labor relations, restrictive covenants and in the creation or revision of employee handbooks. He represents employers in all fields, including manufacturing, higher education, retailing, trucking, municipal corporations, and health care. Mr. Steinberg lectures frequently on topics including union avoidance, wage and hour compliance and all aspects of federal and state employment issues.
Education
- J.D., University of Pennsylvania Law School, 1988
- B.A. in English, Magna Cum Laude, University of Pennsylvania, 1984
Bar Memberships
- Pennsylvania
Court Admissions
- U.S. Supreme Court
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Western District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Appeals, Eleventh Circuit
- U.S. Court of Appeals, First Circuit
Affiliations
- Defense Research Institute (DRI), Chair of the Employment and Labor Law Committee
- American Bar Association
- Philadelphia Bar Association
- National Association of College and University Attorneys (NACUA)
Publications
- "Pregnant Employee Surmounts Summary Judgment Based on Supervisor's Comments," The Legal Intelligencer (February 12, 2019)
- "'Lying Is Lying': Dishonesty Dismantles Discrimination Dispute," The Legal Intelligencer (January 8, 2020)
- "Management's Failure to Investigate Harassment Entitles Employee to Trial," The Legal Intelligencer (December 11, 2019)
- "Summary Judgment Granted Despite Employer's Questionable 'Methodology'," The Legal Intelligencer (October 8, 2019)
- "Third Circuit: ‘Willful’ Conduct Does not Require ‘Egregiousness’," The Legal Intelligencer (September 11, 2019)
- "Third Circuit Provides Practical Guidance on Common Workplace Issues," The Legal Intelligencer (August 14, 2019)
- "Employer Not Required to Provide ADA Accommodation of Choice to Employee," The Legal Intelligencer (July 10, 2019)
- "Recent NLRB Decision Reminds Employers of the Need for Consistency," The Legal Intelligencer (June 11, 2019)
- "Three-Year Delay Not Sufficient for Dismissal for Failure to Prosecute," The Legal Intelligencer (May 8, 2019)
- "FMLA Harassment Not Actionable Without Missed Leave," The Legal Intelligencer (April 10, 2019)
- "'Self-Prescribed' Medical Marijuana Leads to Employee's Termination," The Legal Intelligencer (February 6, 2019)
- "Explicitly Excluding Evidence of Implicit Bias in Employment Cases," DRI's For the Defense (January 22, 2019).
- "Delayed Discipline in Employee Misconduct Results in Denial of Summary Judgment," The Legal Intelligencer (January 9, 2019)
- "Hospital Successfully Defends Termination After Nurse Returns From Opioid Abuse Treatment," The Legal Intelligencer (December 11, 2018)
- "Limited Success in Enforcing Post-Employment Restrictions Against Employees," The Legal Intelligencer (November 7, 2018)
- "Court Sides With Employee in Anti-American Bias Discrimination Case," The Legal Intelligencer (September 12, 2018)
- "'Similarly Situated' Analysis Warrants Summary Judgment," The Legal Intelligencer (August 8, 2018)
- "Court Addresses Sexual Harassment Claim in Context of #MeToo Movement," The Legal Intelligencer (July 11, 2018)
- "Court Decision Enjoining Salary History Ordinance Leaves Employers in Limbo," The Legal Intelligencer (May 9, 2018)
- "Polygraph Protection Act Claim Denied in Recent Case," The Legal Intelligencer (March 19, 2018)
- "False Claims Act Case Addresses Causation Discrimination Cases," The Legal Intelligencer (February 20, 2018)
- "Contested Harassing Statements Leads to Denial of Summary Judgment," The Legal Intelligencer (January 11, 2018)
- "Decision Highlights Need for Employer Vigilance to Sexual Harassment in the Workplace," The Legal Intelligencer (November 8, 2017)
- "Timing of Termination Leads to Viable FMLA and ADA Claims," The Legal Intelligencer (October 12, 2017)
- "No Sexual Harassment, but Retaliation Claim Survives," The Legal Intelligencer (September 13, 2017)
- "Third Circuit’s Take on ‘Same Hire, Same Fire’ Defense," The Legal Intelligencer (August 9, 2017)
- "Inconsistent Performance Standards Dooms Defense Case," The Legal Intelligencer (July 12, 2017)
- "HR Employee's Knowledge of Complaints Was Not 'Protected Activity'," The Legal Intelligencer (June 7, 2017)
- "Court Eases Burden on Employees in FMLA Retaliation Claims," The Legal Intelligencer (April 12, 2017)
- "ADA Tension Highlighted in Return-to-Work Case," The Legal Intelligencer (February 8, 2017)
- "Intra-Company Romance Leads to Sexual Harassment Claim," The Legal Intelligencer (January 11, 2017)
- "'Blue Collar' Workplace Does Not Excuse Sexual Harassment," The Legal Intelligencer (December 14, 2016)
- "Disputed Evidence of Chicken Wings Leads to Denial of Summary Judgment," The Legal Intelligencer (November 9, 2016)
- "A Viable ‘Race’ Discrimination Claim Under Section 1981," The Legal Intelligencer (October 12, 2016)
- "Criticism of an Employee Is Not Necessarily 'Hostile'," The Legal Intelligencer (August 10, 2016)
- "The FMLA Does Not Require a Warm Welcome Back to Work," The Legal Intelligencer (July 12, 2016)
- "Magic Words Not Necessary for Leave to Be Covered by FMLA," The Legal Intelligencer (June 9, 2016)
- "Additional Consideration and Presumption of At-Will Employment," The Legal Intelligencer (May 11, 2016)
- "How Analogous Must Compartor Be to Be Deemed Similarly Situated," The Legal Intelligencer (April 13, 2016)
- "Discriminatory Animus Doesn’t Immunize Employee From Termination," The Legal Intelligencer (March 9, 2016)
- "Regular On-Site Attendance an Essential Function of a Lawyer's Job?," The Legal Intelligencer (February 13, 2016)
- "Employees Must Be Paid for Short Workday Breaks, Court Finds," The Legal Intelligencer (January 13, 2016)
- "Pennsylvania Superior Court Expands Wrongful-Discharge Law," The Legal Intelligencer (December 9, 2015)
- "MLB Strikes Out Seeking Minor-League Wage-and-Hour Suit Dismissal," The Legal Intelligencer (November 11, 2015)
- "Reliance on Third-Party Background Check Consistent With FCRA," The Legal Intelligencer (October 14, 2015)
- "Deference Given to Employer’s Business Decisions in Bias Case," The Legal Intelligencer (August 12, 2015)
- "District Court Refuses to Disrupt Employer's Hiring Decision," The Legal Intelligencer (July 8, 2015)
- "Managing Employee's Intermittent Leave Under the FMLA" The Legal Intelligencer (June 11, 2015)
- "Certain Conduct Doesn’t Qualify as Adverse Employment Action," The Legal Intelligencer (April 8, 2015)
- "Physical Assault of Harasser Doesn’t Bar Retaliation Claim," The Legal Intelligencer (March 11, 2015)
- "Employee Constructively Discharged After Co-worker's Demotion," The Legal Intelligencer (January 14, 2015)
- "Third Circuit Addresses 'Severe and Pervasive' Workplace Behavior," The Legal Intelligencer (November 12, 2014)
- "Employee Straining Company's Human Resources Can Be Terminated," The Legal Intelligencer (October 8, 2014)
- "NLRB: Calling Employer a Vulgarity OK in Context of Complaint," The Legal Intelligencer (September 10, 2014)
- "Vague Reference to Injury Enough to Trigger ADA/FMLA Issues," The Legal Intelligencer (August 13, 2014)
- "Importance of Timely Complaint of Sexual Harassment," The Legal Intelligencer (June 12, 2014)
- "Technology Leads to Telecommuting as Reasonable Accommodation," The Legal Intelligencer (May 14, 2014)
- "It’s Not My Fault’ Argument Fails to Establish Discrimination," The Legal Intelligencer (February 12, 2014)
- "Workers' Compensation Release Too Narrow to Waive ADA Claim," The Legal Intelligencer (January 8, 2014)
- "Court Refuses to Order New Trial in Discrimination Case," The Legal Intelligencer (December 11, 2013)
- "Failure to Follow Directions Dooms FMLA Claim Against Drexel," The Legal Intelligencer (October 9, 2013)
- "Wearing ‘Ten Commandments’ Badge Violates Title VII," The Legal Intelligencer (September 11, 2013)
- "Inconsistent Reasons for Termination Defeats Summary Judgment," The Legal Intelligencer (August 14, 2013)
- "Alternate Theory for Motive Does Not Establish Pretext," The Legal Intelligencer (July 10, 2013)
- "Partial Deafness Found Not to be a Disability Under the ADAAA," The Legal Intelligencer (April 11, 2013)
- "Dispute Over Resignation Leads to Reversal of Summary Judgment for Employer," The Legal Intelligencer (March 13, 2013)
- "Employer Investigations Need Not Be Worthy of 'Sherlock Holmes'," The Legal Intelligencer (February 15, 2013)
- "Terminations for Harassing Facebook Postings Violate NLRA," The Legal Intelligencer (January 9, 2013)
- Regularly featured in Employment & Labor Lawcast, Supreme Court cases (October 2007)
- Section Editor, "Jury Instructions in Employment Cases," DRI Publications (August 2006)
- "The Americans With Disabilities Act and Medical Staff Credentialing," Health Law Handbook, 1997 Edition, (A. Gosfield ed., April 1997)
Speaking Engagements
- Panelist, "Trigger Warnings and Microaggressions in a Diverse Environment: Policy and Legal Implications," National Association of College and University Attorneys (NACUA) Annual Conference, San Francisco, CA (June 28, 2016)
- Panelist, "Cutting-Edge Americans with Disabilities Act Issues," Defense Research Institute's (DRI) 39th Annual Employment and Labor Law Seminar, Austin, TX (April 27, 2016)
- Presenter, "Preventing and Defending Against Retaliation Claims: Making the Most of the 'But For' Causation Standard," DRI's Employment and Labor Law Seminar, Scottsdale, AZ (May 7, 2014)
- Co-Presenter, "Year in Review: What's New in Employment Law," PBI's Employment Law Institute (April 24, 2014)
- Presenter, "Evolution of an Employment Law Case," Defense Research Institute (DRI) Employment Law Seminar (May 6, 2010)
- Panelist, "Employment Law in the Health Care Workplace," PBI's Employment Law Institute (April 14, 2010)
- Speaker, "Basics of Sexual Harassment," Defense Research Institute Employment Seminar, Scottsdale, AZ (May 2007)
- Speaker, "Employment Law Update," Pennsylvania Bar Institute, Philadelphia, PA (November 2006)
- Co-Presenter, "Employment/Labor Law Implications for Nursing Home Administrators," National Long Term Care Conference, Pittsburgh, PA (November 7, 2005) (with Paula G. Sanders)
- Speaker, "HR Lifeline - The Basics and Beyond," PACAH (Pennsylvania Association of County Affiliated Homes), Scranton, PA; Harrisburg, PA; Pittsburgh, PA (June 20, 21, 28, 2005)
- Speaker, "Rethinking Long Term Care Documentation: A Legal and Risk Management Approach," PANPHA Annual Conference & Exposition, Hershey, PA (June 15, 2005)
- Course Planner, "Discipline & Discharge in Pennsylvania" Pennsylvania Bar Institute, Philadelphia, PA (December 1, 2004); Mechanicsburg, PA (January 20, 2005); Pittsburgh, PA (January 27, 2005)
- Speaker, "Sexual Harassment - Just Because it's Bad, is it Illegal?" Pennsylvania Bar Institute West (November 2004)
- Speaker, "How to Win Your ADA Case Before it Starts," Defense Research Institute National Employment Law Seminar (April 2004)
- Speaker, "Sexual Harassment - Just Because it's Bad, is it Illegal?" Pennsylvania Bar Institute (April 2004)
- Speaker, "How to Win Your ADA Case - No Matter Which Side You Are On," Pennsylvania Bar Institute, Pittsburgh, PA (November 2003)
- Speaker, “Returning Employees to Work Under the FMLA,” Council on Education in Management (May 2003)
- Speaker, “How to Win Your ADA Case, No Matter Which Side You Are On,” Pennsylvania Bar Institute (April 2003)
- Speaker, “The Bermuda Triangle – ADA, FMLA & Workers’ Compensation,” Gettysburg Area Personnel Association (March 2003)
- Course Planner, “Employment Issues in The Health Care Workplace,” Pennsylvania Bar Institute (August 2002)
News & Insights
Education
- J.D., University of Pennsylvania Law School, 1988
- B.A. in English, Magna Cum Laude, University of Pennsylvania, 1984
Bar Memberships
- Pennsylvania
Court Admissions
- U.S. Supreme Court
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Western District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Appeals, Eleventh Circuit
- U.S. Court of Appeals, First Circuit
Affiliations
- Defense Research Institute (DRI), Chair of the Employment and Labor Law Committee
- American Bar Association
- Philadelphia Bar Association
- National Association of College and University Attorneys (NACUA)