Please ensure Javascript is enabled for purposes of website accessibility
Home (page 12)

Author Archives: Lindy Korn

Employee fired due to interracial marriage has Title VII claim

A white employee who claims he was subject to termination due to his interracial marriage has a race discrimination claim based on his own race, the Second Circuit ruled recently in Holcomb v. Iona College, No. 06-3815-cv. April 1. The ...

Read More »

Court affirms Wal-Mart must pay $900,000

A worker with cerebral palsy who was transferred involuntarily from a job as a Wal Mart pharmacy aide to a less desirable post, and offered no job training or coaching, produced sufficient evidence for a reasonable jury to find the ...

Read More »

Harassment environmental when work ability affected

A general office environment filled with sexually charged material and behavior may be grounds for sexual harassment, according to an April 28 decision from the U.S. Court of Appeals for the 11th Circuit, Reeves v. C.H. Robinson Worldwide Inc., 11th ...

Read More »

Caregiver assistance for solo with dying father

Collaboration is always a good idea. I was prepared to be a mother and care for babies born to me; however, as my father aged and became ill over a four-year period, juggling responsibilities took on a different face. I ...

Read More »

Employment claim upheld where transfer was denied

Repeated denials of transfer requests may constitute an adverse employment action supporting a gender discrimination claim, the U.S. Court of Appeals for the Second Circuit ruled in vacating a summary judgment for the employer, Beyer v. County of Nassau, no. ...

Read More »

Missing final page OK for discrimination claim

The U.S. Court of Appeals for the Second Circuit decided the case of Ximines v. George Wingate High School on Feb. 20, holding that, while the 2004 incident was not part of the EEOC charge, it could still comprise part ...

Read More »

Inability to provide urine sample isn’t a refusal

Consider the following conversation: “I couldn’t produce urine because of my medical problems.” “To fire me because I failed a drug test under these circumstances is a travesty,” said former employee Albert Hunt. “Sorry, but our physicians said there was ...

Read More »

Is your complaint policy user friendly≠

A defendant in a sexual harassment case has the burden of proving it has established and implemented an effective complaint machinery, as it is an affirmative defense. Query: What is an effective complaint mechanism≠ The U.S. Court of Appeals, Seventh ...

Read More »

Single Filing Rule Expanded to Allow Piggybacking…

Fairness trumps technicality when interpreting filing requirements. If a previous, similar charge has been filed against an employer, an employee can file a claim that otherwise would be untimely by either joining the class of the previous suit or by ...

Read More »

Are there risks in regulating employee’s nose rings≠

Consider the following recent fact patterns: u A bank policy called for women to wear a general uniform, and men were allowed to wear business casual. The court found the policy discriminatory. u An employee worked at a deli and ...

Read More »

The Imus/Wolfowitz factor: Is your law firm at risk≠

Have you ever heard intra- office jokes that are offensive≠ Have you ever been sent a pornographic e-mail at work≠ Are jokes told that are based on stereotypes or sex≠ How many office romances exist≠ Does anyone audit travel arrangements≠ ...

Read More »

Workplace Issues: Male sexual harassment filings up and bullying on rise

The Equal Employment Opportunity Commission (EEOC) has reported that men are coming forward more often with sexual harassment complaints and that about 950 men nationwide filed sexual harassment charges in 1992 and 1,813 by 2005. Furthermore, anecdotal evidence suggests that ...

Read More »