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Author Archives: Lindy Korn

Summary judgment vacated: Firing race-based

The U.S. Court of Appeals for the Second Circuit, by a Nov. 17 summary order, vacated and remanded a decision of the Southern District of New York that granted summary judgment for the appellee — CH Energy Groups Inc. — ...

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Contractor’s race claim can proceed

An African-American woman’s contract as a Craftmatic sales representative was terminated after she and the company’s hiring recruiter got into an argument in which he allegedly used racial slurs. She can proceed with a race discrimination claim under the Civil ...

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Gender stereotyping claim survives

A gay man who alleged his co-workers harassed him for years has won the right on appeal to take his case to a jury to decide if the co-workers’ actions constituted gender stereotyping, which is unlawful under Title VII of ...

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Male proves discrimination due to stereotyping

A Dutchess County election official who alleged he was forced to quit because of a female co-worker’s claim of sexual harassment established a prime facie case that he was constructively discharged in violation of Title VII of the 1964 Civil ...

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Second Circuit: ‘Weiss’ provides pretext for age discrimination

David Weiss, a former employee of JPMorgan Chase & Co., appealed from a Jan. 22, 2008 opinion and order of the district court granting summary judgment in favor of JPMorgan, Weiss v. JPMorgan Chase & Co., no. 06 Civ. 4402, ...

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Gender stereotyping case can proceed

A female employee who claimed she was denied a promotion because her employer stereotyped mothers as neglectful of their jobs can sue for sex discrimination, even if the employer made no reference to her gender, the U.S. Court of Appeals ...

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Employers need more than a policy

A jury in Queens awarded a nurse $15 million after finding that the hospital allowed a doctor with a history of harassment to abuse female staffers for eight years. Bianco v. Flushing Hosp. Med. Ctr., N.Y. Sup. Ct., no. 18702/04, ...

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Disclosing supervisor harassment is opposition

A government employee fired within a few months of disclosing a supervisor’s alleged sexual harassment in response to her employer’s questions may pursue a retaliation claim under Title VII of the 1964 Civil Rights Act, even though she never filed ...

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Fees for DHR award can be brought via federal suit

In May 1975, after an investigation during which the complainant was represented by counsel, the New York State Division of Human Rights found probable cause to believe her employer engaged in an unlawful discriminatory practice. Efforts at conciliation failed, and ...

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Retaliation alleged at state’s Division of Human Rights

Plaintiff Veanka McKenzie brought a federal suit against the New York State Division of Human Rights and Kumiki Gibson, individually, alleging the defendant discriminated against her because of her gender, age and sexual orientation, and in retaliation for her complaints ...

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Boards confronting on-the-job affairs

The International Monetary Fund’s governing board recently cleared its chief, Dominique Strauss-Kahn, of wrongdoing over an affair he had with a former staffer, Piroska Nagy, deciding the relationship was consensual, and that no favoritism — or retribution — toward Nagy ...

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Academic bullies create a hostile workplace

Much has been written lately on the need of making bullying at work illegal. It makes people sick and can be a precursor for charges of hostile workplaces based on gender and harassment. Legal scholars now studying workplace bullying have ...

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