As recently reaffirmed by the U.S. Court of Appeals for the Second Circuit, neutral application of a policy to prorate incentive compensation contributions during leaves of absence does not unlawfully interfere with an employee’s rights under the Family and Medical Leave Act (FMLA). In Clemens v. Moody’s Analytics, Inc., Plaintiff contended that he was
Kristie M. Iacopetta
Inconsistent Explanations for Adverse Action Lead to Denial of Summary Judgment
A federal district court in Pennsylvania denied the Pittston Area School District’s motion for summary judgment, finding Plaintiff offered sufficient evidence to show the District’s stated reasons for denying Plaintiff a promotional opportunity were pretextual. Kupetz v. Pittston Area School District. Specifically, Plaintiff claimed that the District posted one position, then during a Board meeting…
Employer Granted Summary Judgment on Claims of Hostile Work Environment by Equal Opportunity Harasser
A federal district court in Alabama granted an employer’s motion for summary judgment regarding a former general manager’s hostile work environment claims. Thrower v. Yedla Management Co. Plaintiff, a Caucasian female, alleged that during her employment, the Purchasing Manager mistreated her on the basis of gender and race, creating a hostile work environment by excessively…
Federal Discrimination Claim Tossed Where Plaintiff Unable to Establish Prima Facie Case
A Louisiana federal district court granted a company’s motion for summary judgment regarding a former employee’s Title VII race discrimination, harassment, and retaliation claims. Cassimere v. Fastorq LLC. Plaintiff, an African-American male, alleged that during his employment, he was, among other things, issued disciplinary write-ups while non-African American employees were not and that the …
Former School Teacher May Proceed with Her Title VII Claims Based on Sexual Orientation
A Connecticut federal District Court ruled that a female ex-school teacher may proceed with her Title VII claim alleging sexual orientation discrimination. Boutillier v. Hartford Pub. Sch., (D.Conn., 3:13-cv-01303-WWE, 11/17/16). Plaintiff alleged that, because of her sexual orientation, she was subjected to an extended pattern of mistreatment by the school principal and vice principal. …
Federal Court Upholds Discharge of Transgender Employee
Addressing an unsettled evolving area of law, the U.S. District Court for the Eastern District of Michigan ruled, on August 18th , that a Michigan funeral home did not violate Title VII of the Civil Rights Act of 1964 by requiring a transgender male employee to wear a man’s suit to work. …
Muslim Employee Has a Triable Discrimination Claim Arising From a Five-Day Suspension for Using the Gym During Work Hours
The U.S. District Court for the District of Connecticut ruled that a Muslim employee raised a triable national origin and religion discrimination claim against his employer arising out of his five-day suspension for using the gym during work hours. Ucar v. Conn. Dep’t of Transp., (D. Conn., No. 14-CV-765, 8/11/16). The situation arose when, …