Second Circuit decided Lenzi v. Systemax, Inc. on Dec. 6, 2019 (18-979). Plaintiff was Director of Risk Management who repeatedly complained she was not compensated like other male department heads. In April 2013, plaintiff made a business trip to California, ...
Tagged with: Workplace Issues
Read More »
A summary Order issued on November 19th, 2019, reverses the Rule 12(b)(6) dismissal in the case of Khanna v. MUFG Union Bank (19-893), a case based on claims of race and gender discrimination. In the world of Rule 12 dismissals, ...
Tagged with: Workplace Issues
Read More »
This case reviewed whether someone is an employee under the Fair Labor Standards Act, which requires that an employer pay their employees minimum wage and overtime when appropriate. In this case the Court of Appeals finds that the jury could ...
Tagged with: Workplace Issues
Read More »
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 ...
Tagged with: Lindy Korn Workplace Issues
Read More »
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 ...
Tagged with: Lindy Korn Workplace Issues
Read More »
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 ...
Tagged with: Lindy Korn Workplace Issues
Read More »
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 ...
Tagged with: Lindy Korn Workplace Issues
Read More »
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 ...
Tagged with: Lindy Korn Workplace Issues
Read More »
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 ...
Tagged with: Lindy Korn Workplace Issues
Read More »
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 ...
Tagged with: Lindy Korn Workplace Issues
Read More »
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 ...
Tagged with: Lindy Korn Workplace Issues
Read More »
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. ...
Tagged with: Lindy Korn Workplace Issues
Read More »
NY Daily Record Since 1908