Articles

In employment law, a “constructive discharge” occurs when an employer intentionally creates an intolerable work atmosphere that forces the plaintiff to quit involuntarily. See Andersen v. Rochester City Sch. Dist., 481 Fed.Appx. 628, 632 (2d Cir.2012); see also Walsh v. Scarsdale Union Free School District, 2019 WL 1316486 (S.D.N.Y. 2019) (“In addition to an objectively…

Read More Threats of Termination & Constructive Discharge

One type of personal injury (negligence) claim is the so-called “negligent security” claim – which is itself a type of “premises liability” claim. In this type of case, the plaintiff asserts that the property owner or landlord failed to take necessary precautions to prevent harm arising from the alleged failure to provide adequate security. (One…

Read More “Negligent Security” Premises Liability Claims in New York

Generally, the anti-discrimination laws – such as Title VII of the Civil Rights Act of 1964 – prohibit discrimination against employees and applicants based on certain protected characteristics (as in the case of Title VII, race, color, religion, sex, and national origin).    That said, there exists a (limited) exception, where such a characteristic is…

Read More The “Bona Fide Occupational Qualification” (“BFOQ”) in Employment Law

Federal, state, and local anti-discrimination laws prohibit discrimination based on, among other factors, “disability.” That term is, in turn, defined in the statutes themselves. For example, the Americans with Disabilities Act of 1990, 42 U.S.C.A. § 12101 et seq., defines a “disability” as: “(A) a physical or mental impairment that substantially limits one or more major…

Read More Is Obesity a “Disability” Under the Anti-Discrimination Laws?

The “Genetic Information Nondiscrimination Act of 2008 (GINA) is a federal law, codified at 42 U.S.C. §§ 2000ff et seq., that (in a nutshell) “discrimination on the basis of genetic information with respect to health insurance and employment.” In enacting GINA, Congress set forth the following findings: Deciphering the sequence of the human genome and…

Read More The Genetic Information Nondiscrimination Act of 2008 (GINA)

In employment discrimination cases, defendants sometimes argue, in effect, that unlawful discrimination can not have occurred, since the alleged victim and the alleged discriminator/harasser are in the same “protected class.” The law is to the contrary. For example, in Poliard v. Saintilus Day Care Center, Inc., 11-CV-5174, 2013 WL 1346238, at *4 (E.D.N.Y.,2013), the court noted (albeit…

Read More Discrimination Where Discriminator and Victim Are in the Same Protected Class

New York’s common-law “faithless servant doctrine” provides that “an agent that breaches its fiduciary duty of loyalty to its principal forfeits its right to compensation for the period of its disloyalty.” Supreme Showroom, Inc. v. Branded Apparel Group LLC, 2018 WL 3148357, at *8 (S.D.N.Y. June 27, 2018). As one court explained: New York law…

Read More The “Faithless Servant Doctrine” Under New York Law