In a recent decision, Lovell v. Consolidated Edison Company of New York, 2019 WL 1311128 (2d Cir. March 22, 2019) (Summary Order), the court held that the plaintiff lacked standing to pursue a federal claim of employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). The court provides a summary of the…
Read More 2d Circuit: Plaintiff Lacked Standing to Pursue USERRA ClaimIn Lapaix v. City of New York (decided Aug. 12, 2014), the Southern District of New York held that plaintiff – a retired Marine Colonel – adequately pleaded various employment discrimination claims. Here’s plaintiff’s complaint. Initially the court held that plaintiff stated military status discrimination claims under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) and the New…
Read More Retired Marine States Military Status, Race, and National Origin Discrimination ClaimsToday is Veterans Day, an official holiday to honor American veterans of all wars. One day is hardly enough to honor and recognize the sacrifices (in many cases, the ultimate sacrifice) made by U.S. soldiers. While it is unfathomable that those who have faced the threat of imminent death on the battlefield may return home…
Read More Military Status Discrimination in EmploymentIn Staub v. Proctor Hospital, 131 S.Ct. 1186 (2011), (slip opinion here), the Supreme Court clarified the circumstances – under the Uniform Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4311 – under which an employer may be held liable for employment discrimination based on the discriminatory animus of an employee who influenced, but did not…
Read More U.S. Supreme Court Clarifies “Cat’s Paw” Liability Theory