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Author Archives: Lindy Korn

Workplace Issues: 2nd Circuit explains basics of 1983 sex harassment suit

Typically, plaintiff’s sue for sexual harassment under Title VII. However, you can also sue public employers under 42 U.S.C. sec. 1983, which enforces the Equal Protection Clause, which in turn also prohibits employment discrimination. The case of Raspardo v. Carlone, ...

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Commentary: Wellness program non-participation leads to firing

A Wisconsin energy company violated the Americans with Disabilities Act by financially penalizing and then firing an employee because she declined to participate in a company wellness program, the EEOC alleged in a lawsuit filed Aug. 20, that marks the ...

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Workplace Issues: Threats aimed at women create hostile work environment

The Court of Appeals has reinstated a hostile work environment claim where a male supervisor treated everyone poorly, but treating the women worse, Castagna v. Lucerno, 13-0796-cv, decided March 5, Summary Order. In this case, the defendant “directed physical threats ...

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Workplace Issues: ‘But for’ cause of retaliation met in workplace claim

“You need to pick up all the garbage bags for this street, including the hazardous waste from the hospital,” the sanitary district supervisor said. “You’re still after me because of what my dad told the investigators aren’t you?”(Puglisi v. Town ...

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Workplace Issues: ‘But-for’ causation for retaliation best suited for a jury

The Court of Appeals has reversed summary judgment in a Title VII retaliation case, interpreting for the first time the Supreme Court’s “but for” reasoning in retaliation cases, Kwan v. The Andalex Group, LLC, 12-2493-cv, decided Dec. 16. Kwan worked ...

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