The defendants moved to dismiss plaintiff Green’s First Amended Complaint on the grounds that it failed to plead facts sufficient to show intentional discrimination on the basis of race or ancestry.   DC1707 is a labor union for state, county ...

Tagged with: Lindy Korn Workplace Issues

Petitioner, Gregory Holt, is an Arkansas inmate and a devout Muslim who wishes to grow a ½ -inch beard in accordance with his religious beliefs. The petitioner’s objection to shaving the beard clashes with the Arkansas Department of Correction’s grooming ...

Tagged with: Lindy Korn Workplace Issues

The question presented in the case of Warger v. Shauers, 574 U.S.___(2014), decided on Dec. 9, is whether Federal Rule 606(b) precludes a party from seeking a new trial from using one juror’s affidavit of what another juror said in ...

Tagged with: Lindy Korn Workplace Issues

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, ...

Tagged with: Lindy Korn Workplace Issues

On Oct. 6, the Second Circuit decided Raspardo v. Carlone (No. 12-1686-CV; 12-1870-CV) which was an appeal from the United States District Court for the District of Connecticut, denying the defendant police supervisor’s motions for summary judgment in the plaintiff’s ...

Tagged with: Lindy Korn Workplace Issues

The Second Circuit held in Pippins v. KPMG LLP, (No. 13-889-cv, decided on 7/22/2014), audit associates for a large accounting firm were learned professionals exempt from the FLSA overtime requirements because they performed work requiring advanced knowledge and that required ...

Tagged with: Lindy Korn Workplace Issues

While plaintiffs are entitled to a medical leave of absence to accommodate their disabilities, the employer is not obligated to honor that request if the plaintiff does not assure management when he can return to work, since that is an ...

Tagged with: Lindy Korn Workplace Issues

The U.S. Supreme Court has ruled that public employees who testify truthfully in court outside the scope of their job responsibilities cannot be disciplined under the First Amendment. This case represents the first time since 2006 that the court has ...

Tagged with: Lindy Korn Workplace Issues

What happens when an employee suffers back injuries and cannot sit all day? Do they have rights under the Americans with Disabilities Act? The case is Parada v. Banco Industrial De Venezuela, C.A., decided on March 25, (12-3525-cv). The plaintiff ...

Tagged with: Lindy Korn Workplace Issues

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 ...

Tagged with: Lindy Korn Workplace Issues

The plaintiff began working for a nonprofit organization as an affiliate services coordinator in May 2010 and was assigned to oversee work performed by the organization under a $4.7 million Labor Department grant. Her relationship with the organization’s president, her ...

Tagged with: Lindy Korn Workplace Issues

“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 ...

Tagged with: Lindy Korn Workplace Issues