2012

Today the EEOC issued its Enforcement Guidance on the consideration of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964. Unlike New York law, federal law does not specifically prohibit discrimination based on arrest or conviction records.  However, federal law does prohibit discrimination on the basis of…

Read More EEOC Issues Guidance on Employers’ Use of Arrest and Conviction Records Under Title VII
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The EEOC recently issued a final rule amending the regulation (29 C.F.R. § 1625.7) governing the “reasonable factor other than age” (RFOA) defense in “disparate impact” cases brought under the Age Discrimination in Employment Act of 1967. The defense only applies in “disparate impact” cases and – in line with Supreme Court precedent – not…

Read More EEOC Issues Final Rule on the “Reasonable Factor Other Than Age” Defense to Disparate Impact Age Discrimination Claims Brought Under The ADEA
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The New York Supreme Court decided, in Clark v. Allen & Overy LLP, that plaintiff Deidre Holmes Clark may continue to litigate, in New York, her claims arising from alleged harassment in defendant law firm Allen & Overy’s Moscow office. Executive Law §298-a[1] provides that the New York State Human Rights Law applies “to an…

Read More Plaintiff May Continue Claims in NY Arising From Harassment in Russia
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In a decision issued on March 29, 2012, the Appellate Division, First Department, held in Ortega v. City of New York that, in a Labor Law § 240(1) case – here, arising from plaintiff’s use of a “tremie rack” (example pictured) – “a plaintiff is not required to demonstrate that the injury was foreseeable, except…

Read More Labor Law § 240(1) Does Not Require Plaintiff To Show That His Injury Was Foreseeable Except In Case Involving the Collapse of a Permanent Structure
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In a March 22, 2012 opinion (authored by Judge Ralph Winter), the Second Circuit held, in Cuff v. Valley Central School District et al., that the defendant school did not violate a student’s First Amendment rights by suspending him for six days after he created a crayon drawing in which he expressed his desire to…

Read More 2d Circuit Upholds Suspension of 10-Year Old Who Expressed Desire to Blow Up School
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Below is the complaint filed by Evelyn Paswall on March 20th against Apple Inc. According to the suit, Ms. Paswall “walked directly into the clear glass doors at [the store] and fractured her nose.”  The allegations pertaining to Apple’s alleged negligence are largely set forth in paragraphs 18 and 19. [scribd id=86658094 key=key-f4pibatfj6025bu0d57 mode=list]

Read More 83-Year Old Woman Sues Apple After Walking Into Store’s Glass Facade
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In Carpinone v. City of New York, No. 11 Civ. 2074 (PAE), the SDNY recently clarified the pleading requirements for a claim under Monell v. Dep’t of Social Servs., 436 U.S. 658, 694 (1978).  SDNY Judge Engelmayer dismissed plaintiff’s complaint on the pleadings under Federal Rule of Civil Procedure 12(c). Plaintiff alleged that he was…

Read More SDNY Reiterates Section 1983 / Monell Pleading Requirements
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Below is a copy of the complaint filed by aspiring model Hayden Holt against New York modeling agency Emmanuel NY Models Inc. and its principal, Aristeo Tengco, for sexual harassment, retaliation, wage violations, and breach of contract. Specifically, Holt asserts that Tengco inappropriately touched her, and then retaliated against her – by apparently having her…

Read More Aspiring Model’s Sexual Harassment Lawsuit
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