U.S. Supreme Court Determines that State Employees Cannot Sue under the...
Coleman v. Court Of Appeals of MD., 566 U. S. ____ (2012). On March 20, 2012, the U.S. Supreme Court held in Coleman v. Court of Appeals of Maryland that states are immune from lawsuits under the...
View ArticleEmployment Litigation in Review #5
Ninth Circuit Rules that Attendance is Essential Job Function For NICU Nurse Under ADA Samper v. Providence St. Vincent Medical Center, Case No. 10-35811___ F.3d ___ (9th Cir., April 11, 2012). On...
View ArticleSecond Circuit Rules that Employer Cannot Raise Faragher/Ellerth Affirmative...
Townsend v. Benjamin Enterprises, Inc., No. 09-0197 (2d Cir. May 9, 2012). Attorneys who work in the employment and labor field are generally aware of the affirmative defense set forth by the Supreme...
View ArticleSecond Circuit Determines Teacher Who Worked 1,247 is Eligible under the...
Donnelly v. Greenburgh Central School District No. 7, — F.3d —, No. 11-2448-cv, (2d Cir. August 10, 2012). In Donnelly v. Greenburgh Central School District No. 7, — F.3d —, No. 11-2448-cv, (2d Cir....
View ArticleEmployment Litigation in Review #6 (The Summer 2012 Edition)
U.S. Supreme Court Holds Pharmaceutical Sales Representatives are Exempt from Overtime Pay Christopher v. Smithkline Beecham Corp., 567 U. S. ____ (2012). On June 18, 2012, the Supreme Court in a 5-4...
View ArticleSupreme Court Will Consider Four Employment Related Cases This Term
On October 1, the U.S. Supreme Court opened its new term and will review four cases that either directly concern employment laws or have an impact on employment litigation. Primarily, the cases up for...
View ArticleCircuit Split: How Does the CFAA Apply to Employment Cases?
Imagine a disgruntled employee rummaging through your company’s confidential files and covertly stealing trade secrets to use as he builds a competing business. What recourse would you have against...
View ArticleSupreme Court Decides Kloeckner v. Solis
Kloeckner v. Solis, 133 S. Ct. 596 (U.S. 2012). On December 10, 2012 the U.S. Supreme Court issued a unanimous decision in Kloeckner v. Solis holding that “[a] federal employee who claims that an...
View ArticleAre Courts Reluctant to Grant Summary Judgment in Hostile Work Environment...
Rivera v. Rochester Genesee Reg’l Transp. Auth., 2012 U.S. App. LEXIS 26211 (2d Cir. N.Y. Dec. 21, 2012). The Second Circuit has recently reiterated its hesitancy to permit summary judgment in hostile...
View ArticleAge Discrimination Claims under the Equal Protection Clause? The Supreme...
The Supreme Court recently granted certiorari to consider the question of “[w]hether the Seventh Circuit erred in holding, in an acknowledged departure from the rule in at least four other circuits,...
View ArticleSupreme Court Narrows Scope of Employer’s Liability for Title VII Claims...
On June 24, 2013 in the case Vance v. Ball State University, the Supreme Court defined the scope of supervisory status as it applies to harassing co-workers under Title VII of the Civil Rights Act of...
View ArticleNew Definition of “Supervisor” for Purposes of Title VII
The U.S. Supreme Court has issued a ruling settling a split in the circuit courts over the definition of “supervisor” for purposes of employer liability for harassment under Title VII of the Civil...
View ArticleCourt Announces Stricter Standard of Proof in Retaliation Cases under Title VII
The Supreme Court has tightened the legal standards for plaintiffs claiming retaliation for employment discrimination complaints in University of Texas Southwestern Medical Center v. Nassar (Docket No....
View ArticleSupreme Court Hears Second Affirmative Action Case This Year
On October 15, only four months after the United States Supreme Court heard arguments regarding an affirmative action program for the University of Texas[1], the Supreme Court heard oral argument in...
View ArticleSouthern District Rules: Unpaid Interns are Not Eligible to Assert NY Sexual...
In October of 2013, the Southern District of New York[1] dismissed an intern’s claim for sexual harassment brought under New York State Human Rights Law and New York City Human Rights Law on the...
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