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
Second Circuit Throws Out Demoted Dean’s First Amendment Claim
The Second Circuit ruled Friday that the University of Connecticut is entitled to "qualified immunity" on a School of Engineering Dean’s claim that he was demoted in violation of his First Amendment rights to free speech. The case has very important ramifications for public
employers on how they can deal with criticism from managerial-level employees.
Second Circuit: Repeated Use of “Bitch” May Be Enough to Create Hostile Work Environment
If you’re an employer with an appeal to the Second Circuit, having the EEOC write a brief on behalf of the Plaintiff-employee is not one of those things that portends well for the case.
So, when the Second Circuit issued its decision in Pucino v. Verizon Communications (download here), perhaps the writing was already on
Musings from the Second Circuit
Today, I had the opportunity to argue in front of the Second Circuit Court of Appeals in downtown Manhattan. (Hence the reason for the sparseness of posts lately).
Although I have been there before, it continues to rank among the most profession
ally rewarding experiences in my career. Every attorney who dreams of an
New Second Circuit Decision Takes Some of the “Judgment” Out of the “Business Judgment Rule”, Particularly for Union-Related Matters
Let the politicians and the newspapers cite a new Second Circuit decision as being important for "saving jobs" in Connecticut. It makes for good press, but for employers, the decision is more important for a different reason than highlighted in the press: The Court has weakened one of the arguments that employers use to support their
Second Circuit: What is an Adverse Employment Action? It’s Not a “Failure to Investigate”
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
Second Circuit: No Individual Liability Under ADA Retaliation Provisions
It has long been the rule in the Second Circuit, that individual supervisors do not have liability under Title VII claims, based on the case of Tomka v. Seiler Corp.
But can supervisors be sued individually under the ADA for retaliation? The Second Circuit last week held that individual supervisors may not be held liable under
Second Circuit Reinforces the Limits of First Amendment Protected Speech for Employees
Earlier this year, the Second Circuit came out with an important, wide-ranging decision that clarified the protections that public employees have under the First Amendment. Specifically, any speech that is "pursuant to" an employee’s duties is not protected.
In a summary order last week arising out of Connecticut, the Second Circuit reinforced that fact. In
Employer’s Affirmative Defense in Sexual Harassment Cases Gets a Trimming by Second Circuit
In sexual harassment cases, the U.S. Supreme Court (in what’s known as the Faragher/Ellerth cases) over a decade ago laid out the rules for when an employer could use an "affirmative defense" — in Monopoly terms, a "Get Out of Jail" free card.
This defense can be used by employers
Progressive Discipline Policies: What They Are And Understanding Risks and Benefits to Them
"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