Article appeared in The Daily Record A magazine employee’s sex and age discrimination retaliation claims under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and Connecticut state law may proceed, the U.S. District Court for the District of Connecticut ruled, nothing that a jury could…
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Article appeared in The Daily Record, Sept 28, 2009 A gay man who alleged his co-workers harassed him for years has won the right on appeal to take his case to a jury to decide if the co-workers’ actions constituted gender stereotyping, which is unlawful under Title VII of the…
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Article appeared in the Buffalo Jewish Review, June 15, 2012 Having represented a few gay athletes, the following observations stem from settlements reached prior to trial for claims of gender and sex discrimination in athletic departments. Bullying is based on the notion of Power and the abuse of power, either…
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Article appeared in The Daily Record, June 25, 2012 The EEOC on April 20, found that the term “sex” under Title VII encompasses both biological sex and gender stereotypes, Macy v. Holder, EEOC, no. 0120120821. The case involves Mia Macy, a former police detective who applied for a job as…
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A state university didn’t violate the First Amendment when it disciplined a student in a professional program for posting disrespectful and threatening comments on her Facebook page. The plaintiff was a student in the University of Minnesota’s mortuary program. While taking an anatomy laboratory, the plaintiff posted humorous comments on…
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Does your employer have a fragrance-free policy to accommodate a co-worker who is allergic to such perfume? If Human Resources responds that they will request the perfume wearer to refrain from wearing the fragrance, is that enough? A county employee with asthma and a severe chemical sensitivity to certain perfumes…
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“You claimed my termination was to eliminate my job, but you go ahead and hire a replacement for me,” said Judy Allen. “It seems to be that I was fired because I’m pregnant.” “Your job was eliminated,” replied HR Director Chad Mitchell. “The new employee is doing different work. I…
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The Court of Appeals has ruled that the Defense of Marriage Act is unconstitutional, applying intermediate scrutiny in holding that the law cannot be applied against a lesbian who wanted a spousal deduction for her federal estate taxes after the death of her partner (see Windsor v. United States, 12-2335-CV,…
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A hospital worker requested that she not be scheduled to work Friday evenings and Saturdays in order to accommodate her Sabbath beliefs as a Seventh Day Adventist. The employer claimed that it offered to let the worker switch her Friday evening shifts with employees who were not scheduled to work…
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The Court of Appeals has reversed summary judgment in a disability discrimination case, holding that the jury could find that the plaintiff was disabled under the Americans with Disabilities Act and that her employer offered pretextual reasons for her termination, Bar-Tur v. Arience Capital Management, LP, 11-864-cv, summary order (Aug.…
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