Religious Discrimination

In EEOC v. Dresser Rand Co., 04-CV-6300 (W.D.N.Y. August 10, 2011), a New York federal court rejected the defendant’s argument that an employment discrimination plaintiff’s decision not to pursue additional training at a local community college resulted in a failure to mitigate his damages. Plaintiff, a Jehovah’s Witness, sued his employer alleging religious discrimination in violation…

Read More Mitigation under Title VII does not require re-education

Although this is not a New York case, the issues raised are of sufficient import to plaintiff-side employment litigators everywhere, particularly since it resulted in a summary judgment for plaintiff. EEOC commentary here; text of opinion (EEOC v. Abercrombie & Fitch Stores, Inc., 09-CV-602-GKF-FHM (N.D. Okla. July 13, 2011)) here.

Read More Oklahoma federal court agrees with EEOC’s claims against store for failure to hire hijab-wearing Muslim girl

In Kampfer v. Buchanan et. al., No. 1:10-CV-1234 (N.D.N.Y. Feb. 18, 2011), the court dismissed plaintiff’s claim – brought under 42 U.S.C. 1981 (“Section 1981”) – which was solely based on defendant’s alleged comment alluding to the parties’ “Mormon contract”.  Plaintiff alleged that this constituted racial discrimination that interfered with his ability to make and enforce a…

Read More Section 1981 Inapplicable to Discrimination Based on Religion