BY: Laurie A. McCarthy, Esquire
lmccarthy@markaserenilaw.com
On July 21, 2026, the Pennsylvania Supreme Court issued a unanimous decision in Adams v. Commonwealth of Pennsylvania, Office of the Attorney General, clarifying what an employee must show to pursue a whistleblower retaliation claim under the Pennsylvania Whistleblower Law.
The Court held that an employee must present “some evidence of a connection” between reporting wrongdoing and a subsequent adverse employment action. An employee does not have to show at the outset that retaliation was the only possible reason for the employer’s decision.
The case involved an employee of the Pennsylvania Office of Attorney General who reported alleged sexual and racial harassment of an intern by a coworker. After making the report, the employee claimed that he was denied promotions, overtime opportunities, and other career opportunities. The Commonwealth Court previously found that he had not presented enough evidence to establish a connection between his report and those employment decisions.
The Supreme Court disagreed. It found that the employee had presented concrete evidence from which a factfinder could infer a connection between his report and the subsequent employment actions. The Court explained that an employee does not have to rule out every other possible explanation for an employer’s conduct to establish a prima facie case. Once the employee makes the required showing, the employer can defend the claim by demonstrating that the employment decisions were based on legitimate reasons unrelated to the whistleblowing activity.
Importantly, the Supreme Court did not find that retaliation actually occurred. Instead, it vacated the Commonwealth Court’s decision and sent the case back for further proceedings, including consideration of the remaining requirements for a prima facie whistleblower claim.
The Law Firm of Mark A. Sereni, PLLC
The Law Firm of Mark A. Sereni, PLLC is a full-service law firm in Media, Delaware County, Pennsylvania. We strive to help people, businesses and institutions throughout Southeastern Pennsylvania solve legal problems – and even prevent legal problems before they occur. To learn more about the full range of our specific practice areas, please visit www.markaserenilaw.com or contact Laurie A. McCarthy, Esquire at 610-565-5700 or at lmccarthy@markaserenilaw.com.
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