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Tag Archives: 2d circuit

Quitters Rarely Win…In Constructive Discharge Claims

By Daniel Schwartz on Posted in Litigation

While fans of the long running television reality show Survivor may suggest the timing of this post is geared to the events of last night’s episode that featured two players who quit, there are actually two recent and noteworthy cases in Connecticut that show that employees who quit their jobs rare win discrimination claims that… Continue Reading

Progressive Discipline Policies: What They Are And Understanding Risks and Benefits to Them

By Daniel Schwartz on Posted in Discrimination & Harassment

"Progressive Discipline" is a policy or practice that, over the years, has fallen out of favor with some employers. What is it? It’s a practice — found also in some collective bargaining agreements — that typically provides a multi-step disciplinary process for many employment policy violations: a verbal warning, a written warning, a suspension, and… Continue Reading

Second Circuit Confirms “Ministerial Exception” and Finds Title VII Unconstitutional When Applied to Priests

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

It’s just a little bit ironic that on this Good Friday, the Second Circuit decided a case that will be very important to religious institutions in Connecticut, New York and Vermont.  Ultimately, it held that Title VII — which, among other things, prohibits discrimination based on race — is unconstitutional when applied to certain religious… Continue Reading