NY Daily Record Since 1908

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 ...

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 ...

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 ...

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. ...

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 ...

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. ...

What is an adverse action for the purposes of a retaliation claim? Can a single act of humiliation constitute an adverse action? In a recent case, Kirkweg v. New York City Department of Education, 15-1917-cv, decided by summary order on ...

Tagged with: Workplace Issues

A defense against a sexual harassment case by arguing that the male supervisor is simply a bad manager who cannot get along with anyone — not just women — can succeed. The case is Dotel v. Wal-Mart Stores, 2016 U.S. ...

Tagged with: Lindy Korn