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Recent Articles from Lindy Korn
Workplace Issues: Who is considered a supervisor under Title VII?
The U.S. Supreme Court agreed on June 25 to examine a federal appeals court ruling dealing with the question of whether a “supervisor” under Title VII can include an employee who oversees and directs other workers’ daily tasks, but lacks the authority over their formal employment status, Vance v. Ball State Univ., No. 11-556, (cert. […]
Workplace Issues: EEOC transgender ruling protects gender identity
The EEOC on April 20, found that the term “sex” under Title VII encompasses both biological sex and gender stereotypes, Macy v. Holder, EEOC, no. 0120120821. The case involves Mia Macy, a former police detective who applied for a job as a ballistics technician for the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Macy […]
Workplace Issues: Town’s practice violated Establishment Clause
The Town of Greece started off its Town Board meetings from 1999 to 2010, with religious prayers that the public was invited to give, but the public did not know this, as the town did not have a public policy, which was publicized. Instead, the Town Board selected candidates for prayer by contacting houses of […]
Workplace Issues: Verdict for sexual harassment victim $168 million
A jury on Feb. 29 unanimously awarded a female employee $168 million in damages and lost wages, believed to be the largest judgment for a single victim of workplace harassment in the U.S. history (Chopourian v. Catholic Healthcare West, E.D. Cal., No. CIV S-09-2972). The verdict awarded compensatory and punitive damages totaling $41.3 million dollars […]
Workplace Issues: Why anti-fraternization policies are disfavored
An employer’s policy forbidding continued employment after an employee marries his or her supervisor does not violate civil rights laws and an African-American employee failed to offer sufficient evidence of disparate treatment, the U.S. Court of Appeals for the Sixth Circuit held, (Ayers-Jennings v. Fred’s Inc., 6th Cir., No. 10-6228, Feb. 13). The result of […]
Workplace Issues: Lateral transfer at same pay rate can be retaliatory
The U.S. Court of Appeals for the Second Circuit held that district court erroneously dismissed the plaintiff’s retaliations claims against the city, and determined that even though the plaintiff’s rank and salary were not reduced, a reasonable police officer could easily view the change from the position of public information officer in the office of […]
Workplace Issues: Ministerial employees exempt from discrimination laws
The Supreme Court on Jan. 11, for the first time recognized a ministerial exception to employment discrimination laws, saying that churches and other religious groups must be free to choose and dismiss their leaders without government interference. The decision gave only limited guidance about who counts as a minister, not wanting to adopt a rigid […]
Workplace Issues: Female employee subject to disparate treatment
As 2011 comes to a close, I have decided to write about a decision rendered by the Maryland Court of Appeals on Dec. 6, (Taylor v. Giant of Maryland, LLC, 2011 WL 6032713), on the issue of discrimination based on disparate treatment and employment requirements for gender specific ailments. The context of similarly situated males […]
Workplace Issues: Racial discrimination – $1M punitive damages cut by court
A federal judge has reduced a $1 million punitive damages award to $50,000 following a jury trial in which a black former employee of Memorial Sloan Kettering Hospital proved that management retaliated against him for complaining about racial discrimination in the workplace, Chisholm v. Memorial Sloan Kettering Cancer Center, 2011 U.S. Dist. LEXIS 130089, SDNY, […]
Workplace Issues: Second Circuit finds USERRA violated for reservist
In a case of first impression, the U.S. Court of Appeals for the Second Circuit found that the Uniform Services Employment and Reemployment Rights Act required Wachovia Securities LLC to consider commission-based financial adviser Michael Serricchio’s pre-service book of business in determining ...
Workplace Issues: 2nd Circuit: Is back pay part of compensatory damages?
The plaintiff was employed by, the New York State Office of Mental Health, Central New York Psychiatric Center (CNYPC), as a probationary security hospital assistant on Sept. 10, 2004. From the very beginning of her employment, coworkers made ongoing derogatory sexual comments ...
Workplace Issues: Anti-retaliation not limited to employment terms, workplace
Lindy Korn examines a recent Second Circuit case which expands workers’ protection from employer retaliation.
Case Digests
- NYS Advisory Committee on Judicial Ethics – Attorney misconduct: Opinion 22-164
- NYS Advisory Committee on Judicial Ethics – Independently written bench book: Opinion 22-163
- Fourth Department – Suppression: People v. Saeli
- Second Circuit – RICO: Horn v. Medical Marijuana Inc.
- NYS Advisory Committee on Judicial Ethics – Uncompensated interview: Opinion 22-159
- NYS Advisory Committee on Judicial Ethics – Uncompensated guest speaker: Opinion 22-158
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
Law News
- Appeals court upholds Supreme Court ruling
- Assistant district attorney appointed City Court judge by Rochester mayor
- Murder conviction affirmed despite trial judge error
- NY appeals court upholds conviction in burglary case
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
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