“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…Read More Case Value, and Why Lawsuits Are Not Like Diamonds
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…Read More Donald Trump, Sexual Harassment, and the Workplace
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…Read More What is a “Disability” Within the Meaning of the Anti-Discrimination Laws?
Employment discrimination law is (for the most part) 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 (e.g.) which employers are covered, administrative filing prerequisites, and damages/remedies. Below is a summary (not a complete listing or explanation) of…Read More Which Employment Discrimination Laws Protect New York City Workers?
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…Read More The “Failure to Accommodate Disability” Cause of Action
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.…Read More The “Same Actor Inference” in Employment Discrimination Law
Not every action taken by an employer against an employee is actionable under the anti-discrimination laws, even if the action is tied to a so-called protected characteristic. The dividing line between actionable and non-actionable conduct – for claims of retaliation or status-based discrimination – is the presence, or absence, of an “adverse employment action.” As…Read More What is an “Adverse Employment Action”?
By now you’ve probably heard/read about Dr. Anjali Ramkissoon, who was caught on a now-viral YouTube video attacking an Uber driver. Reports indicate that her employer, Jackson Health System, has placed her on administrative leave. The video suggests that Dr. Ramkissoon was not working or “on the clock” during the incident. This raises the question of whether, and to what…Read More Off-Duty Conduct and Termination
“Under the so-called ‘storm in progress’ rule, a property owner will not be held responsible for accidents occurring as a result of the accumulation of snow and ice on its premises until an adequate period of time has passed following the cessation of the storm to allow the owner an opportunity to ameliorate the hazards…Read More New York’s “Storm in Progress” Rule
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”?