Retaliation – Opposing Workplace Discrimination
Numerous federal, New York State, and New York City laws provide employees with various forms of workplace protections vis a vis their employers. To promote compliance with and encourage e...
Those with Family Responsibilities Have Workplace Protections in the Era of COVID-19
Since the city’s schools and daycare centers were closed in March 2020, working New York parents have faced an often-impossible balancing act: performing their job responsibilities while s...
Equality Arrives for LGBTQ Employees!
In 1970, Jack Baker and his life partner, James McConnell, applied to the state of Minnesota for a marriage license. It was the first time in U.S. history that two men had sought to marry....
How Not to Settle Employment Discrimination Suits
Some attorneys dream about taking their employment discrimination cases all the way to the Supreme Court and winning, trouncing their adversaries and deflating their self-righteous hubris at...
Medical Inquiries and Examinations: What Information Can an Employer Legally Obtain?
Communications between doctor and patient are privileged and patients have a right to confidentiality in their medical records. Despite this, employers are allowed by law to gather medical i...
Depositions: The Most Important Discovery Tool
Depositions are the key to gathering the evidence which will enable you to prevail at trial. This outline will discuss how to get the most out of your depositions and will focus on questioni...
The Effect of the Americans with Disabilities Act Amendments Act on Jury Charges
The Americans with Disabilities Act (“ADA”) was amended in September 2008 by the ADA Amendments Act of 2008 (“ADAAA”). The new law took effect on January 1, 2009. The Act reverses tw...
The Cat’s Paw Doctrine
In Staub v. Proctor Hospital, the United States Supreme Court accepted the “cat’s paw” theory of establishing liability in an employment case. In doing so, the Court endorsed a view w...
Practical Issues in Litigating Sexual Orientation Discrimination Cases
Challenging workplace discrimination against LGBT people raises several issues that do not often arise in Title VII litigation. This article addresses these issues from a practical standpoin...
Religious Discrimination at Work: Emerging Issues
Religious discrimination in employment is prohibited by federal, New York State, and New York City law. Under all three statutes, it is unlawful to discriminate in employment on the basis of...