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Author Archives: Lindy Korn

Workplace Issues: Weighing of evidence, discriminatory motive issues for jury

The Court of Appeals has reversed summary judgment in a disability discrimination case, holding that the jury could find that the plaintiff was disabled under the Americans with Disabilities Act and that her employer offered pretextual reasons for her termination, ...

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Workplace Issues: Racial discrimination in kindergarten

The issue before the Second Circuit here was whether the defendants had qualified immunity to shield them from suit for alleged deliberate indifference to kindergarten and first-grade students’ racial harassment of a classmate in violation of the Equal Protection Clause, ...

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Workplace Issues: FMLA eligibility issue for jury – CBA not determinative

Reversing summary judgment, the Court of Appeals said that the jury may find the practical realities of a teacher’s workday bring the plaintiff’s hours far beyond the 1,250 Family and Medical Leave Act minimum, Donnelly v. Greenburgh Central School District, ...

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Workplace Issues: Why anti-fraternization policies are disfavored

An employer’s policy forbidding continued employment after an employee marries his or her supervisor does not violate civil rights laws and an African-American employee failed to offer sufficient evidence of disparate treatment, the U.S. Court of Appeals for the Sixth ...

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Workplace Issues: Lateral transfer at same pay rate can be retaliatory

The U.S. Court of Appeals for the Second Circuit  held that district court erroneously dismissed the plaintiff’s retaliations claims against the city, and determined that even though the plaintiff’s rank and salary were not reduced, a reasonable police officer could ...

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