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Author Archives: Lindy Korn

Workplace Issues: Why having a therapist at the mediation table matters

Lindy Korn

Mediation is a protected process which occurs in both state and federal courts, and elsewhere. The timing of a mediation may be early on, after a few depositions have been taken, or before trial. Whenever it happens, I believe the ...

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Workplace Issues: Mediation turns into litigation in USDC—Southern District of Texas-Houston Division

wi_korn

An alleged incident happened during a mediation between opposing counsel and it resulted in a Motion for Sanctions which was heard and decided  by the Chief Judge of the Southern District of Texas, on May 4th, 2020 (4:19-cv-0087).The Texas Alternative ...

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Workplace Issues: Notice of plaintiff’s impairment not enough to trigger the interactive process

wi_korn

The 2nd Circuit Court of Appeals holds that absent a formal reasonable accommodation request, an employer is not always expected to assume that a disabled employee needs workplace accommodation under the Rehabilitation Act. This is the first time the Court ...

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Workplace Issues: Plaintiff can sue for pay disparities under Title VII: No need for ‘equal work’ comparator

wi_korn

Second Circuit decided Lenzi v. Systemax, Inc. on Dec. 6, 2019 (18-979). Plaintiff was Director of Risk Management who repeatedly complained she was not compensated like other male department heads. In April 2013, plaintiff made a business trip to California, ...

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Workplace Issues: Second Circuit concludes Trump blocking Twitter dissenters violates First Amendment

wi_korn

President Donald J. Trump appeals from a judgment of the United States District Court for the Southern District of New York, concluding that he engaged in unconstitutional viewpoint discrimination by using Twitters “blocking” function to limit certain user’s access to ...

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Workplace Issues: Lawsuit accuses faculty members of ‘egregious sexual misconduct’

wi_korn

Two ex-John Jay College of Criminal Justice students have filed a New York Federal suit accusing four faculty members of egregious sexual misconduct and the school of conducting only a “sham” investigation into their complaints. (1:19-cv-05428, SDNY). The students said ...

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Workplace Issues: Second Circuit reverses on definition of retaliation

wi_korn

The Second Circuit has held that the district court’s dismissal of Plaintiff’s retaliation claim on summary judgment should be reversed since the district court employed an incorrect definition of materially adverse action. The circuit court refers to the SCOTUS decision ...

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