Second Circuit: Application of Neutral Policy Does Not Interfere with FMLA Rights

By Kristie M. Iacopetta & Marolhin D. Mendez on May 31, 2019

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 denied benefits because his bonus was already “self-prorating” due to a reduced work period that naturally yielded a lesser bonus amount.…

EPL Risk Mitigation Blog

Inconsistent Explanations for Adverse Action Lead to Denial of Summary Judgment

By Kristie M. Iacopetta on September 4, 2018

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 changed the title, salary, duties, and reporting structure, and hired a less-qualified younger woman, in effect, preventing him from applying…

EPL Risk Mitigation Blog

Employer Granted Summary Judgment on Claims of Hostile Work Environment by Equal Opportunity Harasser

By Kristie M. Iacopetta on March 28, 2017

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 questioning her decisions and yelling and cursing at her. She made complaints to her superior but alleges no action was…

EPL Risk Mitigation Blog

Federal Discrimination Claim Tossed Where Plaintiff Unable to Establish Prima Facie Case

By Kristie M. Iacopetta on March 24, 2017

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 company retaliated against him for filing an EEOC charge. The Court dismissed Plaintiff’s claim because he failed to establish a prima…

EPL Risk Mitigation Blog

Former School Teacher May Proceed with Her Title VII Claims Based on Sexual Orientation

By Kristie M. Iacopetta on November 30, 2016

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. On one occasion, upon return from an approved medical leave, Plaintiff alleges that she was assigned a newly created position, requiring…

EPL Risk Mitigation Blog

Federal Court Upholds Discharge of Transgender Employee

By Kristie M. Iacopetta on September 13, 2016

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. EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., (E.D. Mich., No. 14-13710, 8/18/16). According to the Court, the funeral home was entitled…

EPL Risk Mitigation Blog

Muslim Employee Has a Triable Discrimination Claim Arising From a Five-Day Suspension for Using the Gym During Work Hours

By Kristie M. Iacopetta on September 1, 2016

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, after receiving a tip, the Connecticut Department of Transportation (DOT) commenced an investigation into Ucar’s use of the gym during work…

Kristie M. Iacopetta

Second Circuit: Application of Neutral Policy Does Not Interfere with FMLA Rights

Inconsistent Explanations for Adverse Action Lead to Denial of Summary Judgment

Employer Granted Summary Judgment on Claims of Hostile Work Environment by Equal Opportunity Harasser

Federal Discrimination Claim Tossed Where Plaintiff Unable to Establish Prima Facie Case

Former School Teacher May Proceed with Her Title VII Claims Based on Sexual Orientation

Federal Court Upholds Discharge of Transgender Employee

Muslim Employee Has a Triable Discrimination Claim Arising From a Five-Day Suspension for Using the Gym During Work Hours

Company

Support

New to the Network