Constructive Discharge

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In La Porta v. Alacra, Inc., 142 A.D.3d 851, 2016 NY Slip Op 06113 (App. Div. 1st Dept. Sept. 22, 2016), the court held that plaintiff stated claims for hostile work environment sexual harassment and retaliation (but not hostile work environment-based constructive discharge). The court summarized plaintiff’s claims as follows: Plaintiff, the manager of defendant…

Read More Sexual Harassment Case (Including Facebook “Boobs” Comment) Survives Motion to Dismiss
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In New York State Div. of Human Rights v. Team Taco Mexico, Corp., No. 2014-06673, 2016 WL 3265489 (N.Y. App. Div. June 15, 2016), the court held that there was “substantial evidence in the record to support the determination of the Commissioner of the [NYS Division of Human Rights] … that the respondent David Orduna…

Read More Court Upholds NYSDHR Sexual Harassment Determination and Award Against Team Taco Mexico And Individual Harasser
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In Green v. Brennan, No. 14-613, 578 U.S. ___ (decided May 23, 2016), the Supreme Court held that the 45-day statute of limitations “clock” for purposes of a federal employee’s “constructive discharge” claim begins running on the date of the employee’s resignation, rather than on the date of the alleged discriminatory actions prompting the employee’s…

Read More SCOTUS Holds That a Constructive Discharge Claim Accrues on the Resignation Date for Statute of Limitations Purposes
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The Southern District of New York’s recent decision in Robinson v. Vineyard Vines, LLC, No. 15CIV4972VBJCM, 2016 WL 845283 (S.D.N.Y. Mar. 4, 2016) provides an example of how the work product doctrine operates in the context of an employment discrimination/sexual harassment case. In this case, plaintiff alleged that another employee “repeatedly sexually harassed her and…

Read More Investigative Documents in Sexual Harassment Case Were Protected as Work Product
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In employment law, the term “constructive discharge” is used to describe a scenario in which, in sum, an employee is not terminated (i.e. discharged) directly by the employer, but rather that things got so bad that they were, in essence, “forced to quit.” As recently explained by the court in Ingrassia v. Health & Hosp.…

Read More What is a “Constructive Discharge”?
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