Jackson Lewis Principal Dean Falavolito and Associate Joanna Rodriguez recently won a defense verdict for a Pittsburgh non-profit organization in a lawsuit claiming religious discrimination in violation of Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act.    The client was insured by Employment Practices Liability Insurance (“EPLI”).

In the suit, the Plaintiff, a former employee, claimed that his sincerely held religious beliefs prevented him from attending a ceremony held to open the client’s new offices.     The Plaintiff also claimed that he was terminated after he objected to the ceremony being held.   The client held that the Plaintiff never provided “fair warning” that the ceremony would have conflicted with his religious beliefs and that the Plaintiff was terminated when he voiced his objection in an unprofessional and insubordinate way.  The jury found for Jackson Lewis’ client on both counts, stating that the Plaintiff did not provide the client with fair warning of his religious beliefs and that the real reason for his termination was that he acted in an insubordinate manner.    

A critical issue that came to light during the trial is whether an employee’s admitted insubordinate conduct can be “excused” if his conduct was “provoked” and/ or “justified” (as the Plaintiff attempted to argue).  The trial judge allowed the Plaintiff to include a jury instruction where the jurors could consider excusing the Plaintiff’s conduct if they believe he was, in fact, provoked or justified.   Despite this, the jury sided with the client, finding no liability.

 

 

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Photo of Ana C. Shields Ana C. Shields

Ana Shields is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining Jackson Lewis in June 2005, she has practiced exclusively in employment law and has been involved in proceedings before federal and state courts, the American…

Ana Shields is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining Jackson Lewis in June 2005, she has practiced exclusively in employment law and has been involved in proceedings before federal and state courts, the American Arbitration Association and administrative agencies.

Ms. Shields has successfully prepared pleadings, motions, memoranda of law, position statements and legal opinions related to employment law issues such as employment discrimination, harassment, retaliation, whistle-blowing claims and restrictive covenants. Ms. Shields has advised clients on compliance with various state and federal laws affecting the workplace, including Title VII, the Equal Pay Act, Fair Labor Standards Act, Family and Medical Leave Act, Americans with Disabilities Act, Age Discrimination in Employment Act and New York State and City laws. In addition, she is a firm resource for Electronic Discovery. She has worked closely with clients through all phases of litigation including investigations, preparations for depositions, attending depositions and trials.

While attending law school, Ms. Shields was a published member of the New York International Law Review. She was the recipient of the 2003 American Bar Association/Bureau of National Affairs Award for Excellence in Labor and Employment Law. She was also awarded the CALI Award for Excellence in Employment Law, Advanced Labor Law, and Jurisprudence.

Prior to joining the firm, Ms. Shields was a commercial litigation associate at a firm in Long Island, New York.