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Author Archives: Lindy Korn

Workplace Issues: Second Circuit finds USERRA violated for reservist

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 ...

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Workplace Issues: 2nd Circuit: Is back pay part of compensatory damages?

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 ...

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Workplace Issues: Supervisor’s transfer is adverse action, survives summary judgment

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).

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Workplace Issues: Refusal to rehire after 2 years can be adverse action

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 ...

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Workplace Issues: Prior convictions can’t be used blindly against job applicant

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.

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Workplace Issues: High Court reinstates Army reservist’s ‘cat’s paw’ bias claim

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 ...

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