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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 ...
Read More »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. ...
Read More »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 ...
Read More »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. ...
Read More »Workplace Issues: 2nd Circuit holds that humiliating acts can constitute adverse actions
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
Read More »Workplace Issues: Manager’s boorish behavior not gender-based
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
Read More »Workplace Issues: Perceived sexual orientation claims remain in federal court after removal
Dingle sued his former employer, Bimbo Bakeries USA/Entenmann’s, alleging that he was subjected to a hostile work environment and retaliated against in violation of Title VII, the New York State Human Rights Law, and the New York City Human Rights ...
Read More »Workplace Issues: Pretext plus not the standard needed for summary judgment
The Court of Appeals reverses summary judgment in a racial discrimination case, holding that the jury may find employer’s reasons for denying the plaintiff tenure a pretext, even though the District Court did not find independent evidence of discrimination (Sands ...
Tagged with: Lindy Korn Workplace Issues
Read More »Workplace Issues: Persons with diabetes, epilepsy often ‘regarded as’ disabled
The ADA prohibits discrimination against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions and privileges of employment. The Appeals ...
Tagged with: Lindy Korn Workplace Issues
Read More »Workplace Issues: 2nd Circuit holds retaliation claim actionable under Section 1983
A state employee may bring a retaliation claim under Section 1983 against a supervisor who, acting under color of law, retaliates against him for opposing discrimination in the terms of his employment. The holding in Vega v. Hempstead Union Free ...
Tagged with: Lindy Korn Workplace Issues
Read More »Workplace Issues: SCOTUS says ‘reasonable person’ standard is jury issue
An intellectual property case decided by the U.S. Supreme Court has important implications for employment cases (Hana Financial, Inc. v. Hana Bank, 135 S. Ct. 907, decided Jan. 21). The issue in Hana was whether a consumer’s understanding of the ...
Tagged with: SCOTUS Workplace Issues
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