News flash: There’s life beyond the COVID-19 pandemic!
In fact, yesterday, the Connecticut Supreme Court released an entirely non-COVID-19 related decision on the topic of “constructive discharge”.
I’ve talked about constructive discharge in prior posts, but the new case clarifies nearly two decades of jurisprudence in the area. Despite the lowering of the bar for
My colleague, Jarad Lucan, returns today with a primer on what it takes to establish a “prima facie” case of discrimination — the bare minimum to get the case to be considered by a court. Today, we focus on the third element — the “adverse employment action”. What is that, you ask? Read on.
If
This morning, Jon Hyman over at the Ohio Employer’s Law Blog, reported on a 6th Circuit decision that suggested that an employment discrimination claim could survive even in the absence of a jury finding an “adverse employment action.”
Yesterday, a District Court decision in Connecticut said exactly the opposite. Indeed, the court granted an employer’s
Years ago, it was believed that summary judgment motions by employers should be rarely granted.
And yet, judges in Connecticut district court keep granting these motions. A recent federal court case in Connecticut is the latest example of how courts are using their power to weed out cases before they reach a jury.
On Wednesday, I posted about a recent District Court decision that held that "Paid Administrative Leave" is not an "adverse employment action.". Without such an action, an employee typically cannot raise a claim of discrimination under the legal framework for analyzing such claims.
The same district court judge, The Honorable Mark Kravitz, released a decision a
On Friday, the Second Circuit held that a company’s failure to investigate an in-house race discrimination complaint is not an "adverse employment action" that.jpg)
can subject. (H/T Wait a Second).
The case, Fincher v. Depository Trust (download here), provides some much needed guidance on what rises to the level of an action that an
"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
A decision last week by the Second Circuit might seem fairly trivial. After all, the Court stamped a "summary order" in the case of Cunningham v. NY State Dept. of Labor (download here) on June 10, 2009 thereby making sure the case doesn’t have precedential effect.
But employers shouldn’t ignore this decision; it illustrates the
After an employee complains about discrimination, if an employer terminates the employee a year later, can that fact — in and of itself — be a sufficient grounds for a retaliation? A District Court decision released yesterday said no.
In Thornewell v. Domus Foundation, Inc.,U.S. District Court Judge Alvin Thompson dismissed outright a retaliation
Do you like tricks or treats? Depending on your perspective, you’ll either find something to like or dislike about a decision just issued by the District Court of Connecticut.
Judge Vanessa Bryant — who has been busy issuing decisions and posting them online seemingly every few days — granted a summary judgment motion by an