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Tag Archives: Workplace Issues

Workplace Issues: Pretext plus not the standard needed for summary judgment

The Court of Appeals reverses summary judgment in a racial discrimination case, holding that the jury may find employer’s reasons for denying the plaintiff tenure a pretext, even though the District Court did not find independent evidence of discrimination (Sands ...

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Workplace Issues: Persons with diabetes, epilepsy often ‘regarded as’ disabled

The ADA prohibits discrimination against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions and privileges of employment. The Appeals ...

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Workplace Issues: 2nd Circuit holds retaliation claim actionable under Section 1983

A state employee may bring a retaliation claim under Section 1983 against a supervisor who, acting under color of law, retaliates against him for opposing discrimination in the terms of his employment. The holding in Vega v. Hempstead Union Free ...

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Workplace Issues: SCOTUS finds inmate has religious right to beard

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 ...

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Workplace Issues: 2nd Circuit explains basics of 1983 sex harassment suit

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, ...

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