NY Daily Record Since 1908

Adverse actions are easy if you are fired or denied a promotion. But what about lesser job actions that can be aggrieved by employees? The case is Moy v. Perez, a summary order decided on Oct. 11, 2017 (16-3588-cv). In ...

Tagged with: Lindy Korn Workplace Issues

This case demonstrates that the courts do not favor imposing any liability against military institutions — even involving sexual harassment and rape at the U.S. Military Academy at West Point. The case is Doe v. Hagenbeck, decided on August 30th, ...

Tagged with: Lindy Korn sexual assault Workplace Issues

The Second Circuit Court of Appeals holds for the first time that a plaintiff suffers an adverse employment action where the employer fires her (allegedly because of her pregnancy) but then rescinds the termination two weeks later. The court also ...

Tagged with: Lindy Korn Workplace Issues

There are several articles recounting the addictions and depression of lawyers who often become weary of the stressful nature of bearing the responsibility of lawyering. In our own circles we can share stories of how difficult caseloads become, how much ...

Tagged with: Lindy Korn Workplace Issues

This case involves allegations by the plaintiff that she was subjected to a hostile work environment because of her religion and national origin. The trial court granted summary judgment, but the Court of Appeals sent this case to the jury. ...

Tagged with: harassment Lindy Korn Workplace Issues

A plaintiff won a six-figure discrimination verdict in the NDNY after his employer fired him because he had a needle phobia that made it impossible for him to give customers a flu shot on demand. The Court of Appeals has ...

Tagged with: Lindy Korn Workplace Issues

The case is Carris v. First Student Inc., a summary order decided on March 8. Plaintiff was a school bus driver. She visited a student’s home after the student hit and spit on the other students on the bus, causing ...

Tagged with: Lindy Korn Workplace Issues

The employer denied FMLA leave to an employee who needed to miss work to care for his seriously ill grandfather who had been his father figure. The district court rejected the claim, and the Court of Appeals reversed. The case ...

Tagged with: Lindy Korn Workplace Issues

In Yang v. Navigators Group, a summary order decided on Dec. 22 (2016 U.S. App. LEXIS 23259), the Second Circuit Court of Appeals revived a retaliation claim and explained how the district court erred in granting summary judgment. The plaintiff ...

Tagged with: 2nd Circuit U.S. Court of Appeals Lindy Korn retaliation summary judgment U.S. District Court Workplace Issues

    Social media rules keep changing. People share things with strangers for all types of reasons and often exchange positions on topics of discussion. So where is the harm? In this case, a public school teacher was playing Words ...

Tagged with: Lindy Korn Workplace Issues

  Being denied equal access to meaningful services in a public institution was the subject of this case of under what circumstances the ADA would apply. Ultimately, the Court of Appeals rules in favor of a prison inmate who was ...

Tagged with: Lindy Korn Workplace Issues

Plaintiff-Appellant Smith is a practicing Muslim and an inmate currently in the custody of the Auburn Correctional Facility of the Department of Corrections. (Referred to as “DOCCS”) Inmate Smith appeals from a judgment of the United States District Court for ...