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Military Status Discrimination

In Gorman v. Covidien, LLC, No. 13 CIV. 6486 (KPF), 2015 WL 7308659 (S.D.N.Y. Nov. 19, 2015), the court dismissed most of plaintiff’s employment discrimination claims, but permitted his disability discrimination claim under the NYC Human Rights Law to continue. This case, like all employment cases, arises from a complex tapestry of facts that, for […]

In Gorman v. Covidien Sales, LLC, decided December 31, 2014, the Southern District of New York discussed the affirmative defense based on the so-called “after-acquired evidence” doctrine/defense. In this employment discrimination case, plaintiff sought “damages for alleged discrimination on the basis of military status and medical disability, retaliation, and intentional infliction of emotional distress during his […]

In 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 […]

Happy Memorial Day. According to the Department of Veterans’ Affairs website, Memorial Day commemorates those who died in military service. It is a day of remembrance and reflection. Keep in mind that there are laws, such as the Family and Medical Leave Act, that provide protections to family members of military members. The New York […]

Today 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 […]

In 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 […]