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Author Archives: Lindy Korn

Workplace Issues: Second Circuit reverses summary judgment and allows plaintiff a jury trial on claim of national origin

wi_korn

The Second Circuit Court of Appeals has reinstated an employment discrimination case, concluding that the jury may find the plaintiff was terminated from his position because of his national origin, which is Egyptian. The key evidence in this case is ...

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Workplace Issues: NYC discrimination guidance focuses on hairstyles & race

wi_korn

New York City’s Commission on Human Rights is putting employers on notice that banning or restricting hairstyles that are associated with black people is a form of racial discrimination. The Commission protects New Yorkers’ rights to wear their natural hair ...

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Workplace Issues: Employers can get creative in discrimination

wi_korn

In Kopchik v. Town of East Fishkill, 2018 U.S. App. LEXIS 36443 (No. 18-1182-CV, decided 12/28/18), the Court of Appeals recognizes that employers can get pretty creative when it comes to discriminating against people who file discrimination charges with the ...

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Workplace Issues: 2nd Circuit holds that abuse of a restricted database by a sergeant is not retaliation

wi_korn

The Court of Appeals has held that a corrections officer who exposed a sergeant’s abuse of a restricted police database to spy on his ex-girlfriend’s new boyfriend can be retaliated against for his speech act because the law was not ...

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Workplace Issues: Under-paid, under-promoted and subjected to sexual harassment: EEOC charge

wi_korn

Could this still be happening? Sexual harassment rarely exists by itself; rather, it is an intersectional claim of discrimination, meaning that pay equity claims and other types of unlawful discrimination usually are part of a larger scope of actionable events. ...

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Workplace Issues: Claims of hostile work environment: When does the Continuing Violations Doctrine apply?

wi_korn

The hostile work environment theory under Title VII and State Human Rights Law requires a showing of severe or pervasive acts. The harassment often extends over several years and statutes of limitation capture the most recent acts of discrimination. The ...

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Workplace Issues: Ernst & Young settles alleged claims of sexual assault & harassment filed at EEOC: What lesson can be learned from this settlement?

wi_korn

The reported settlement of a charge filed at the EEOC by Jessica Casucci against her employer, Ernst and Young, involves Jessica leaving the firm. Jessica had first filed an internal complaint with the firm’s global diversity officer but was allegedly ...

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