Published in Buffalo Healthy Living, April 2016 by Lindy Korn, Esq. Do you remember your first job? Were you excited and eager to make a great impression? Did you look up to and respect your employer, believing in promises that your employer made to you? Did you know that if…
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Article appeared in The Daily Record The Second Circuit held in Pippins v. KPMG LLP, (No. 13-889-cv, decided on 7/22/2014), audit associates for a large accounting firm were learned professionals exempt from the FLSA overtime requirements because they performed work requiring advanced knowledge and that required consistent exercise of discretion…
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Warren Glover, 50, was fired as a security director in July, after ten years with the N.B.A., despite a glowing performance record, a recently filed lawsuit alleges (filed in New York State Supreme Court). However, after raising complaints of sexual harassment by his supervisor on behalf of women who were…
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Article appeared in The Daily Record A federal judge has reduced a $1 million punitive damages award to $50,000 following a jury trial in which a black former employee of Memorial Sloan Kettering Hospital proved that management retaliated against him for complaining about racial discrimination in the workplace, Chisholm v.…
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Article appeared in The Daily Record Obese employees are sometimes “regarded as disabled,” whether they suffer from a physiological impairment, and may have claims under the Americans with Disabilities Act. Consider the case being litigated in federal court in Connecticut. The plaintiff, Warner, began working for the Asplundph Tree Expert…
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When a parent raises a child, he/she will tell the youngster at some point during childhood, to “say you are sorry” for some act of not sharing or being impolite. This occurrence may be repeated throughout the child rearing process. Query—at what stage do adults learn that apologizing is NOT…
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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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