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Author Archives: Lindy Korn

Workplace Issues: Revived retaliation claim shows when case must go to jury

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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 ...

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‘True threat’ and the First Amendment

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    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 ...

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Workplace Issues: 2nd Circuit vacates S/J of inmate’s equal protection claim

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 ...

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Workplace Issues: 2nd Circuit Remand Case: Judgment on pleadings improper

Plaintiff-Appellant Corene D. Carter, a former English teacher at the Institute of Technology of Syracuse City School District appealed from the District Court decision granting summary judgment (Carter v. Syracuse City School District, 15-2395, decided 7/11/2016). The following holdings are ...

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Workplace Issues: A caretaker for an individual with a disability is protected by the ADA

It is established that the ADA prohibits “associational discrimination”, or discrimination based upon an employee’s relationship with a disabled individual. A recent decision in the Second Circuit Court of Appeals adopted other Circuits’ holdings and extended protection against associational discrimination ...

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Workplace Issues: FMLA supervisors may be held liable, Second Circuit holds

The Second Circuit for the first time has decided that the plaintiff can sue the individual defendant personally, if the defendant had the power to hire and fire, supervised and controlled employees, determined salaries and maintained employment records (Graziadio v. ...

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Workplace Issues: Civil rights cases — How to assess emotional distress

When it comes time to mediate or litigate a plaintiff’s discrimination case how does one measure the emotional distress damages? Is an expert necessary to describe the emotional harm, and does that allow for a higher award? How does a ...

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Workplace Issues: Personal liability under the Family and Medical Leave Act

The Court of Appeals has recently decided that supervisors may be personally liable under the Family and Medical Leave Act (Graziano v. Culinary Institute of America, et al., 15-888-cv, March 17, 2016). Plaintiff was a payroll administrator for the CIA. ...

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