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The Legal Stuff
BT Currents - Hot Topics in Employment Law

04 Sep Second Circuit Clarifies Viability of Retaliation Claim Under Section 1983 For Having Complained of Discrimination

Recently, the U.S. Court of Appeal for the Second Circuit, resolved confusion surrounding the viability of retaliation claims under 42 U.S.C. § 1983, clarifying that a plaintiff can bring an action under Section 1983 for retaliation based on complaints of discrimination. In the case at issue, Vega v. Hempstead Union Free School District, plaintiff was a bilingual high school teacher with many years of service, who alleged discrimination based on his “Hispanic ethnicity” and retaliation under Title VII and Section 1983 against the school district,…

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03 Sep Choose Your Words Wisely

In Figueroa v. Village of Melrose Park, a former female probationary officer filed a lawsuit alleging gender and race discrimination. Of relevance to this post, the plaintiff’s police chief expressed concern that she would be a liability because the plaintiff would be unable to defend herself in a confrontation with a “200-pound man.” In denying summary judgment, the district court held that this remark amounted to direct evidence of gender discrimination. While some may argue that the remark was nothing more than a “real world”…

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02 Sep Man Bites Dog: Court Vacates Arbitration Award Against Sexual Harasser

It is the rare occasion when a court throws out an arbitration award. Typically the court’s ability to do so is quite limited by statute and/or the collective bargaining agreement under which the arbitration award. But a New York appellate court recently vacated an arbitrator’s award that put a bus driver (and union official) back to work even though he did not even show up to a hearing to contest sexual harassment charges against him. Recognizing its limited ability to vacate an arbitration award, the court…

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01 Sep Hiring Advertisements May Help Avoid Claims Under the ADA

Employers should carefully consider what their hiring advertisements say and include language regarding the essential functions of the positions for which they are hiring; such wording may assist in a discrimination claim.  In Kilcrease v. Domenico Transp. Co., Court No. 13-cv-03193-WYD-MJW (D. Colo. Aug. 28, 2015), the employer successfully defended claims under the Americans with Disabilities Act (ADA), as amended and such success was based, in large part, upon the company’s job advertisement which clearly outlined the essential functions of the position.   Mark Kilcrease…

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01 Sep Employer Changes Mind, Denies Accommodation to Deaf Applicant, Heads to Jury

A federal appellate court ruled that an employer that rescinded an offer of employment to a deaf applicant for a position monitoring plasma donors does not get summary judgment on the applicant’s Americans with Disabilities Act (ADA) failure to accommodate claim, and the case should proceed to a jury.  The court found the applicant presented two potential accommodations that would overcome her inability to hear audible alarms from donors the reasonableness of which must be determined by a jury – (1) installing visual or vibrating…

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