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1 Jul 2022, 9:02 pm by Public Employment Law Press
"At a trial on a State HRL claim, the plaintiff employee still bears the burden of proving the existence of a reasonable accommodation that would have enabled the employee to perform the essential functions of his or her position" (Jacobsen v New York City Health & Hosps. [read post]
1 Jul 2022, 9:02 pm by Public Employment Law Press
"At a trial on a State HRL claim, the plaintiff employee still bears the burden of proving the existence of a reasonable accommodation that would have enabled the employee to perform the essential functions of his or her position" (Jacobsen v New York City Health & Hosps. [read post]
2 Dec 2009, 3:16 pm
Roberts posed a hypothetical under which a person runs for the office of state judge and includes in his or her platform a promise to change the state's common law of property. [read post]
10 Jun 2020, 4:00 am by Public Employment Law Press
" Again, in the words of the Circuit Court, "If this case were tried, a factfinder, applying the correct legal standard to the issue of constructive discharge, could rationally find that an employee in [Petitoner's] shoes would have felt compelled to submit her resignation stating that she was retiring, rather than face nearly certain termination. [read post]
22 Jun 2017, 4:00 am by The Public Employment Law Press
"The United States Supreme Court has applied a two-part test to determine whether there was a right of access under the First Amendment [see Press-Enterprise Co. v Superior Ct. of Cal., County of Riverside, 478 US 1, 8-10], and the [New York State] Court of Appeals has used that test to determine whether there is a right of access to a professional disciplinary hearing;4. [read post]
10 Jun 2020, 4:00 am by Public Employment Law Press
" Again, in the words of the Circuit Court, "If this case were tried, a factfinder, applying the correct legal standard to the issue of constructive discharge, could rationally find that an employee in [Petitoner's] shoes would have felt compelled to submit her resignation stating that she was retiring, rather than face nearly certain termination. [read post]