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Workplace Issues: Second Circuit concludes Trump blocking Twitter dissenters violates First Amendment
President Donald J. Trump appeals from a judgment of the United States District Court for the Southern District of New York, concluding that he engaged in unconstitutional viewpoint discrimination by using Twitters “blocking” function to limit certain user’s access to his social media account which is otherwise open to the public at large, because he […]
Workplace Issues: Lawsuit accuses faculty members of ‘egregious sexual misconduct’
Two ex-John Jay College of Criminal Justice students have filed a New York Federal suit accusing four faculty members of egregious sexual misconduct and the school of conducting only a “sham” investigation into their complaints. (1:19-cv-05428, SDNY). The students said the environment they experienced at the school amounted to a “cesspool of sexism, misogyny, sexual […]
Workplace Issues: Second Circuit reverses on definition of retaliation
The Second Circuit has held that the district court’s dismissal of Plaintiff’s retaliation claim on summary judgment should be reversed since the district court employed an incorrect definition of materially adverse action. The circuit court refers to the SCOTUS decision in Burlington Northern v White, issued in 2006, stating that the definition of retaliation is […]
Workplace Issues: Second Circuit reverses summary judgment and allows plaintiff a jury trial on claim of national origin
The Second Circuit Court of Appeals has reinstated an employment discrimination case, concluding that the jury may find the plaintiff was terminated from his position because of his national origin, which is Egyptian. The key evidence in this case is that the plaintiff claimed to overhear the decision maker tell someone that she “knew how […]
Workplace Issues: #METOO — avoidance in the workplace isolates women
Some male executives are reacting to the spotlight placed on sexual misconduct in the workplace by trying to avoid interacting with female co-workers, both peers and subordinates. Last year a survey conducted by Working Mother Research Institute and the ABA Journal found that 56 percent of men believed that a heightened perception of improper behavior […]
Workplace Issues: NYC discrimination guidance focuses on hairstyles & race
New York City’s Commission on Human Rights is putting employers on notice that banning or restricting hairstyles that are associated with black people is a form of racial discrimination. The Commission protects New Yorkers’ rights to wear their natural hair or hairstyles closely linked to their racial, ethnic or cultural identities, which for black people […]
Workplace Issues: 2nd Circuit holds that abuse of a restricted database by a sergeant is not retaliation
The Court of Appeals has held that a corrections officer who exposed a sergeant’s abuse of a restricted police database to spy on his ex-girlfriend’s new boyfriend can be retaliated against for his speech act because the law was not clearly established that this kind of whistleblowing is protected under the First Amendment (Gorman v. […]
Workplace Issues: Federal judiciary tackles workplace harassment
The U.S. Court of Appeals for the Ninth Circuit has created the new position of director of workplace relations to confront workplace harassment issues in the appellate, trial and bankruptcy courts within the Circuit’s jurisdiction. This was in the wake of Circuit Judge Alex Kozinski’s sudden resignation after a report unearthed allegations of sexual harassment […]
Workplace Issues: Under-paid, under-promoted and subjected to sexual harassment: EEOC charge
Could this still be happening? Sexual harassment rarely exists by itself; rather, it is an intersectional claim of discrimination, meaning that pay equity claims and other types of unlawful discrimination usually are part of a larger scope of actionable events. This charge is no exception. Ernst & Young is being charged in an EEOC complaint […]
Workplace Issues: Teenage workers have heightened need for protection
Teenagers who begin their first jobs are eager to please their supervisors and are thrilled to receive a paycheck! Often, they do not read what they sign — by way of a handbook. Recently the EEOC has sued Del Taco, LLC in California Federal Court, claiming that the fast-food chain discriminated against a putative class […]
Workplace Issues: Claims of hostile work environment: When does the Continuing Violations Doctrine apply?
The hostile work environment theory under Title VII and State Human Rights Law requires a showing of severe or pervasive acts. The harassment often extends over several years and statutes of limitation capture the most recent acts of discrimination. The key inquiry is: When can a plaintiff invoke the Continuing Violation Doctrine? A recent Second […]
Workplace Issues: Professional athletes who are pregnant get punished for having a baby!
Last month Serena Williams played in her first major tournament since giving birth to her daughter. She had to enter the French Open unseeded, as her protected No. 1 ranking from the Women’s Tennis Association did not apply to the Tournaments seeding (Today’s Workplace, July 6th, 2018, Lindsay Gibbs, author). The public outcry deemed that […]
Case Digests
- Court of Appeals – Speedy trial: People v. Justice A.
- Fourth Department – Traffic stop: People v. McMillon
- Second Circuit – Fair Labor Standards Act: Abbott v. Comme Des Garcons, Ltd.
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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