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The Litigation Process

by mjpospis on March 19, 2017

in Articles, Litigation

Every legal case is different. This is because there essentially is an infinite permutation of facts and circumstances that may give rise to a legal claim. Changing even one (seemingly inconsequential) fact, and you might very well get a different result. That said, lawsuits all have the same basic structure. Here I’ll outline the basic […]

One employer action that may, under certain circumstances, give rise to an employment discrimination claim is the implementation of a so-called “English only” policy. It has been reported, for example, that one North Carolina employer has implemented such a policy. The EEOC takes the position that English-only rules “violate the law unless the employer can show […]

Title VII of the Civil Rights Act of 1964 makes it an unlawful discriminatory practice for an employer to discriminate against an employee because of (among other protected characteristics) “sex.” The term “sexual harassment” typically conjures up images of a male boss acting inappropriately towards a female subordinate. This is one, but not the only, […]

In employment discrimination cases, assuming a plaintiff sufficiently/plausibly alleges one or more claims in their complaint, the next procedural battleground is (usually) “summary judgment”. You can think of summary judgment as the last hurdle standing between a plaintiff and the holy grail of civil litigation: a jury trial. At this stage, one party asks the court […]

“Should I accept this settlement offer?” “What is my case worth?” I have been asked these, and similar, questions many times by my clients. They are excellent questions, and the client’s motivation for them is clear and understandable: they have been presented with an option – accept or reject a settlement offer, appeal or leave […]

Donald J. Trump’s election is likely to be a major topic of discussion among many people, particularly at work. The topic of sex – including sexual harassment and sexual assault – has, one could say, dominated this election. While sex is no stranger to politics (see, e.g., Clinton/Lewinsky) this time seems … different. Examples include […]

The Americans with Disabilities Act, New York State Human Rights Law, and New York City Human Rights Law all prohibit discrimination on the basis of a “disability”. The term “disability” is defined by the statutes in a specific way; thus a medical condition must come under the statutory definition of “disability” in order for a disability discrimination […]

Employment discrimination law is statutory, and is distributed among a variety of federal, state, and local laws and regulations. Although these statutes’ protections may overlap, they differ in terms of, for example, which employees and employers are covered, administrative filing prerequisites, and remedies. Below is a summary (not a complete listing or explanation) of the […]

One type of disability discrimination claim recognized by the anti-discrimination laws is a so-called “failure to accommodate” claim. This article is meant to give an overview of general principles applicable; it is not intended to cover all aspects of the law on this topic. In order to establish a failure to accommodate claim under the […]

In employment discrimination law, the so-called “same actor inference” holds that “[w]hen the person who made the decision to fire was the same person who made the decision to hire, it is difficult to impute to [him] an invidious motivation that would be inconsistent with the decision to hire.” Orellana v. Reiss Wholesale Hardware Co., No. […]