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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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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