Employment Litigation

2003-2004 Articles

Negative References/Adverse Job Action Sufficient to Support a Title VII Retaliation Claim: Oct-06-2004 — The Tenth Circuit recently held a negative job reference could constitute an adverse employment action sufficient to support liability for retaliation despite the employee’s failure to show the negative reference caused loss of a specific job.
Neutral Business Practices That Have a Disparate Impact on Older Workers Are Actionable Under the ADEA in the Second Circuit: Oct-06-2004 — Contrary to the majority of federal appellate courts, the Second Circuit recently held that a layoff plan implemented by a New York company was properly challenged under the ADEA even though the company did not intend to discriminate.
Weingarten Rights No Longer Extended to Non-Union Employees: Oct-06-2004 — In a major victory for employers, the NLRB recently held non-union employees no longer have the right to have a co-worker with them in an investigatory interview which might lead to discipline.
Workplace Stereotyping About Mothers Can Qualify as Gender Discrimination: Oct-06-2004 — The Second Circuit recently held comments by supervisory personnel as to whether a school psychologist could perform her job with sufficient commitment and be a good mother could constitute a “gender based stereotype”.
Factors Affecting Individual Liability Uder the Human Rights Law: Jun-13-2003 — In a recent decision, Federal District court refused to dismiss claims brought under New York State Human Rights Law against individual defendants, stating the plaintiff had raised a factual issue as to the individuals’ liability in this action.