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A federal judge has reduced a $1 million punitive damages award to $50,000 following a jury trial in which a black former employee of Memorial Sloan Kettering Hospital proved that management retaliated against him for complaining about racial discrimination in ...

Tagged with: Workplace Issues

In a case of first impression, the U.S. Court of Appeals for the Second Circuit found that the Uniform Services Employment and Reemployment Rights Act required Wachovia Securities LLC to consider commission-based financial adviser Michael Serricchio’s pre-service book of business in determining ...

Tagged with: Workplace Issues

The plaintiff was employed by, the New York State Office of Mental Health, Central New York Psychiatric Center (CNYPC), as a probationary security hospital assistant on Sept. 10, 2004. From the very beginning of her employment, coworkers made ongoing derogatory sexual comments ...

Tagged with: Workplace Issues

Lindy Korn examines a recent Second Circuit case which expands workers’ protection from employer retaliation.

A rational jury could find that a supervisor’s transfer was an adverse employment action taken in retaliation for his support of another employee in a racial incident, the U.S. Court of Appeals for the District of Columbia Circuit ruled last month, Geleta v. Gray, D.C. Cir., no. 10-7026 (June 17).

Tagged with: Workplace Issues

An employer’s alleged refusal to rehire an employee who resigned believing her sexual harassment complaints were not adequately addressed could be deemed retaliatory under Title VII, even though two years had passed. This is what the U.S. Court of Appeals for the Fourth Circuit held earlier this year ...

Tagged with: Workplace Issues

It is a violation of the New York State Human Rights Law for an employer to deny employment to any individual because that individual has been convicted of one or more criminal offenses “when such denial is in violation of the provisions of article 23-A of the correction law,” Human Rights Law, Section 296.15.

Tagged with: Workplace Issues

The Americans with Disability Act requires employers to accommodate your disability. They have to do this if the accommodation allows you to do your job. We call this a “reasonable accommodation” under the statute.

Tagged with: Workplace Issues

An army reservist fired from his civilian job as a hospital technician has a discrimination claim under the Uniformed Services Employment and Reemployment Rights Act based on evidence that two allegedly biased immediate supervisors’ reports influenced the termination decision ...

Tagged with: Workplace Issues

Do credit histories predict useful job performance? Are people with bad credit ratings prevented from getting hired? Do credit checks disproportionately screen out women, minorities and other protected groups?

Tagged with: Workplace Issues

Oral argument was heard by the U.S. Supreme Court on Dec. 7, 2010, in the case Thompson v. North Am. Stainless LP, (09-291), in which an employee claims he was fired because his fiancé filed a sex discrimination charge against their mutual employer ...

Tagged with: Workplace Issues

The case of Mullins v. City of New York & The New York City Police Department (docket no. 08-1839-cv), decided on Nov. 16, involved over 4,000 police officers who sued the city alleging systematic violations of their overtime rights ...

Tagged with: Workplace Issues