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Author Archives: Lindy Korn

Workplace Issues: Employee’s same-sex hostile environment claim fails, retaliation and constructive discharge survive

The U.S. District Court for the Eastern District of New York recently held that a worker failed to meet the “three evidentiary routes to prove gender based discrimination in a same-sex harassment case”; however, the court said the employee could ...

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Workplace Issues: Avoiding holiday hazards

During December expectations run high in the workplace as people assess their year-end profits, losses and happiness. Holiday parties as well as the exchange of gifts between co-workers and bonuses from employers are common. What aren’t planned are the social ...

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Workplace Issues: Failure to monitor alleged harassers leads to dismissal

A federal district court in Chicago recently denied a construction company’s request to dismiss a sexual harassment lawsuit, finding that the firm failed to demonstrate it had addressed complaints about a foreman who had a reputation as a repeat offender, ...

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Workplace Issues: Termination based on a seizure equals pretext

A heavy–equipment operator for a county road department brought an action against the county, the county road department, and his supervisor alleging discriminatory discharge under the Americans with Disabilities Act and state law, Dark v. Curry County Road Dept., (Ninth ...

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Workplace Issues: Employment trend: Family care bias suits on the rise

A wide range of lawsuits have been filed by female employees alleging a number of discriminatory acts by employers, such as failing to promote women with children based on the assumption that they would not work hard due to family ...

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Sexual harassment claim focused on ‘creative workplace’

When television producers interviewed a woman for a writers’ assistant job, they warned her that writers for the television show would discuss sex and tell sexual jokes, but she accepted the job anyway. Her duties included attending all writers’ meetings, ...

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Workplace Issues:

After a female account manager reported a co-worker’s sexually inappropriate behavior to her manager, the company conducted an investigation, with which she fully cooperated, until human resources ordered her to attend a face-to-face meeting with the harasser. She objected to ...

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Supreme Court To Decide Scope Of Retaliation After Employee Complaints

A Supreme Court case will shed light on how much latitude employers have after an employee complains about sexual harassment or race, religious or sex discrimination, to make transfers or changes in the employee’s job duties without being subject to ...

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Employee With Deformities, Palsy Can Proceed On ADA Discrimination

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in all aspects of employment, including promotions. In the case of Emory v. AstraZeneca Pharmacueticals LP, D. Del., No. 02-1466 (Jan. 25), the court had to decide ...

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Pregnancy Discrimination Is On The Rise

According to statistics from the Equal Employment Opportunity Commission, between 1992 and 2005, pregnancy discrimination claims rose more than 30 percent, from 3,385 in 1992 to 4,449 in 2005, see, Lawyers Weekly, Feb. 13, p.16. Although the forms of pregnancy ...

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