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25 Jun 2013, 6:47 am
Ellerth, 24 U.S. 742 (1998), an employer must show: (1) that the employer exercised reasonable care to prevent and promptly correct the harassing behavior; and (2) the plaintiff-employee unreasonably failed to take advantage of preventative or corrective measures established by the employer or to avoid harm otherwise. [read post]
18 Feb 2010, 3:51 am
Supervisor’s comments concerning an employee’s job performance protected by a qualified privilege absent a showing of maliceBayer v City of New York, 60 AD3d 713Hank Bayer, who was employed as a plumber by the New York City Department of Education, sued the City, the Department of Education and his supervisor, Nunzio Piro, alleging, that Piro defamed him and repeatedly accused him of misconduct and insubordination. [read post]
15 Dec 2014, 4:55 pm
In Perret, the plaintiffs alleged the employer engaged in unlawful employment discrimination by creating a hostile work environment when their supervisor placed them on a progressive disciplinary plan. [read post]
8 Jun 2016, 9:07 am
Whole Foods Market Grp, Inc., No. 1:16-cv-02453, complaint (S.D.N.Y., Apr. 2, 2016). [read post]
27 Jun 2013, 11:27 am
However, if no tangible employment action is taken, the employer can avoid liability if it can demonstrate, as an affirmative defense, that (1) it exercised reasonable care to prevent and eliminate harassment, and (2) that the plaintiff unreasonably failed to take advantage of the preventive or remedial opportunities provided by the employer. [read post]
15 Jul 2015, 10:32 am
Her only alleged disability was her adjustment disorder with anxiety. [read post]
15 Oct 2021, 6:37 am
In the case that was before the New Jersey Supreme Court earlier this year, the plaintiff alleged two specific incidents involving a supervisor. [read post]
31 Jul 2015, 8:27 am
The company agreed to extend her leave several times, but it ultimately advised her that it would terminate her employment unless she provided information regarding (1) her anticipated return to work date, and (2) whether additional leave as an accommodation would effectuate her return to work. [read post]
22 Feb 2017, 5:02 am
Given that the Labour Affairs Officer had already investigated the work refusal, the Regional Director had only three options under sections 129(4) and 128(13) of the Canada Labour Code: “1) agree that a danger exists; 2) agree that a danger exists but consider that the refusal puts the life, health or safety of another person directly in danger or that the danger is a normal condition of employment; and 3) determine that a danger does not exist. [read post]
13 Mar 2009, 4:10 am
In addition, courts have held that the doctrine of qualified immunity protects government officials from personal liability if their conduct either: (1) "did not violate clearly established rights of which a reasonable person would have known," or (2) "it was objectively reasonable to believe that [their] acts did not violate these clearly established rights. [read post]
1 Jul 2013, 9:03 am
Alternatively, a company is vicariously (indirectly) liable for a supervisor's harassment unless the company can prove (1) it made reasonable efforts to prevent and correct the harassment, such as having and enforcing an effective anti-harassment policy, and (2) the victim of the harassment unreasonably failed to take advantage of opportunities to prevent or correct the hostile work environment. [read post]
29 Jul 2020, 1:30 pm
The lawsuit asserts four causes of action: 1. [read post]
4 Dec 2015, 7:05 am
She alleged that her supervisor forced her to have oral sex with him after she told him no. [read post]
22 Jun 2021, 6:00 am
The disciplinary charges and specification included allegations that the employee: 1. [read post]
22 Jun 2021, 6:00 am
The disciplinary charges and specification included allegations that the employee: 1. [read post]
22 Jun 2021, 6:00 am
The disciplinary charges and specification included allegations that the employee: 1. [read post]
22 Jun 2021, 6:00 am
The disciplinary charges and specification included allegations that the employee: 1. [read post]
28 Jun 2021, 1:22 pm
To state a claim for a hostile work environment under the LAD and defeat summary judgment, a plaintiff must allege that the complained-of conduct (1) would not have occurred but for the employee’s protected class; and (2) it was severe or pervasive enough to make a (3) reasonable Hispanic person believe that (4) the conditions of employment are altered, and the working environment is hostile or abusive. [read post]
25 Jun 2013, 12:55 pm
To establish a hostile work environment claim, Vance had to show:(1) the work environment is objectively and subjectively offensive; (2) the conduct was based on race; (3) the conduct was either severe and pervasive; (4) employer liability. [read post]
15 Apr 2011, 4:50 am
Petitioner alleging disparate treatment in violation of his or her Title VII civil rights has the initial burden of setting out a prima facie case of unlawful discriminationWharff v State Univ. of New York, USCA, Second Circuit, 09-4534-cv Wilfred Wharff alleged that SUNY refused to promote him from Lab Technologist to Assistant Supervisor because of his gender. [read post]
