Today, June 14th, is Flag Day, which commemorates the adoption of the flag of the United States on June 14, 1777, by resolution of the Second Continental Congress. There are also various “No Kings” protests planned across the country. Notably, the United States Constitution provides, simply and tersely: No Title of Nobility shall be granted…
Read More Flag Day; No KingsToday is Memorial Day, observed on the last Monday in May, which is an “annual day of remembrance to honor all those who died in service to the U.S. during peacetime and war.” Per federal law: (a) Designation.–The last Monday in May is Memorial Day. (b) Proclamation.–The President is requested to issue each year a…
Read More Happy Memorial Day 2025As 2024 comes to a close, it’s time to reflect on the challenges and growth we’ve experienced in the legal profession. This year has been marked by technological advances, new laws and regulations, a host of court decisions interpreting the law, and the ongoing need to adapt. Our relationships with clients have been at the heart…
Read More 2024: In ReviewIn Emanuel v. Gap, Inc. et al, 2023 WL 5211007 (S.D.N.Y. August 14, 2023), the court, inter alia, denied defendant’s motion for summary judgment as to plaintiffs’ race discrimination claims. In sum, plaintiffs argue that they were terminated for engaging in alleged misconduct (modifying employee timecards) while a caucasian employee (Kolibabek) suffered only a reprimand.…
Read More Race-Based Discrimination Claims Survive Summary Judgment; Allegations Included Disparate DisciplineIn Doe v. Pennsylvania Dept. of Corrections et al, No. 4:19-CV-01584, 2022 WL 3219952 (M.D.Pa. Aug. 9, 2022), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s gender-based hostile work environment and constructive discharge claims asserted under the Equal Protection Clause. As to plaintiff’s hostile work environment claim, the court explained: Here,…
Read More Sex-Based Hostile Work Environment and Constructive Discharge Claims, Asserted Under the Equal Protection Clause, Survive Summary JudgmentIn Adeniji v. The City of New York et al, 19-CV-8032, 2022 WL 254939 (S.D.N.Y. Jan. 27, 2022), the court, inter alia, held that plaintiff sufficiently alleged race discrimination against the City of New York asserted under Title VII of the Civil Rights Act of 1964. Among other things, the court discussed and applied the…
Read More Title VII Race Discrimination Claim (Based on “Lazy”, “Inferior” Remarks) Survives Against City of New YorkToday is Memorial Day. Originally called Decoration Day, this holiday originated in the years following the Civil War, became a federal holiday in 1971 (see 5 U.S.C § 6103(a) (deeming “Memorial Day” the last Monday in May)), and is intended to honor the men and women who have died during the performance of their military…
Read More Memorial Day 2021The U.S. Equal Employment Opportunity Commission – which enforces various anti-discrimination laws, including Title VII of the Civil Rights Act of 1964 – recently issued a Resolution Condemning Violence, Harassment, and Bias Against Jewish Persons in the United States (signed May 26, 2021). It provides, in full: WHEREAS the [EEOC], established by the landmark Civil…
Read More EEOC Issues Resolution Condemning Violence, Harassment, and bias Against Jewish Persons in the United StatesJust a friendly reminder that, under New York law, A person is guilty of grand larceny in the second degree [a class C felony] when he steals property and when: 1. The value of the property exceeds fifty thousand dollars; or 2. The property, regardless of its nature and value, is obtained by extortion committed…
Read More Trick or Treat, a/k/a Extortion?“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” These words comprise the Preamble to the U.S. Declaration of Independence, which (as articulated by the National Archives) “states the…
Read More July 4th, 2020: Happy 244th Birthday, America