The Appellate Division, Second Department decided the case of Cheathem v. Ostrow, (2009-04453) on Nov. 21, holding that the trial court did not abuse its discretion in limiting the scope of cross-examination: At trial, the plaintiff testified that her employer, defendant Stephen Ostrow, required her to play the game “Simon…
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The EEOC has issued a new guidance on the issues of discrimination and retaliation in the workplace based on employees who experience domestic or dating violence, sexual assault or stalking. Title VII’s prohibition is discussed in two parts:
Disparate treatment based on sex, including sexual stereotypes; and Sex-based harassment-hostile work…
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Last week news broke out about a writing assignment given by a teacher at an Albany High School to challenge the students to “formulate a persuasive argument” tasked with them writing an essay about why “Jews are Evil,” as if they were trying to convince a Nazi official of their…
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A part-time instructor of Palestinian descent was fired after school administrators in Chicago determined that she violated the college’s anti-harassment policy by singling out and teasing a Jewish student in the class, lacks a race or national origin discrimination claim. (Smiley v. Columbia Coll. Chicago, 7th Cir., No. 10-3747, 4/30/13).…
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By Lindy Korn Article appeared in Artvoice Love contracts: prenuptials to workplace romance A love contract policy establishes workplace guidance for dating or romantically involved co-workers. The purpose of the policy is to limit the liability of an organization or private employer in the event the romantic relationship turns sour,…
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By Lindy Korn Article appeared in The Daily Record “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 of…
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By Lindy Korn Article appeared in The Daily Record The Court of Appeals has reversed summary judgment in a Title VII retaliation case, interpreting for the first time the Supreme Court’s “but for” reasoning in retaliation cases, Kwan v. The Andalex Group, LLC, 12-2493-cv, decided Dec. 16. Kwan worked as vice…
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By Lindy Korn Article appeared in The Daily Record Passed in 1978, the Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964 to make clear that the prohibition on sex discrimination in employment includes discrimination on the basis of pregnancy, childbirth and related conditions. Thirty-five years…
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Article from The Daily Record - Tuesday, April 23, 2013 Does the ADA require an employer to accommodate an employee whose disability makes him late? The plaintiff, a case manager for the City of New York Human Resource Administration, takes medication for his disability that makes him sluggish and drowsy.…
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Article appeared in The Daily Record, August 27, 2012 Reversing summary judgment, the Court of Appeals said that the jury may find the practical realities of a teacher’s workday bring the plaintiff’s hours far beyond the 1,250 Family and Medical Leave Act minimum, Donnelly v. Greenburgh Central School District, 11-2448-cv…
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