In prior posts, I’ve talked about the difficulty for employers in getting a motion for summary judgment granted in state court in discrimination cases.

(Motions for summary judgment are procedural tools that can be used when there are no disputed issues of material fact and therefore the court can decide the case on law

A new case out of the Second Circuit answers a question that has perplexed employers: How can an employer defend itself from an employment discrimination claim when the person who made the decision becomes “unavailable?” 

(“Unavailable” can take many meanings such as, the witness is out of the country, but in many cases it means

Last month, I highlighted a federal case in Connecticut where the court threw out an age discrimination claim because the evidence presented by the employee was not strong enough to survive a summary judgment claim.

A new federal court case however has allowed an age discrimination claim to proceed even while noting that while the