Fired University Tennis Director Accused of Sexual Misconduct of Student-Athlete Allowed to Pursue his Gender Discrimination claims against the University

By Michael A. Giarratano on August 28, 2019

The obligations of educational institutions were elevated even higher in a recent ruling by the Second Circuit Court of Appeals, which held “When universities design and implement polices to ensure the security of their students, they facilitate their sacred mission of educating the next generation. But when they distort and deviate from those policies, fearfully deferring to invidious stereotypes and crediting malicious accusations, they may violate the law….” In this particular case, a discharged tennis…

EPL Risk Mitigation Blog

Older Employee Let Go in Reduction in Force Can Proceed to Trial on ADEA Claim

By Michael A. Giarratano on May 16, 2019

An employer’s retention of a younger, less-qualified employee instead of the older, more experienced employee, who was terminated during the Company’s reduction in force, can give rise to liability under the Age Discrimination in Employment Act (“ADEA”), according to a recent decision by the United States District Court for the Southern District of Texas. Harrison v. Chipolbrok America, Inc. After a downturn in business, the Company conducted a reduction in force (“RIF”) terminating the 64-year-old…

EPL Risk Mitigation Blog

Employer’s Misleading Statements Allow FMLA Claim to Survive Motion to Dismiss

By Michael A. Giarratano on December 21, 2018

The U.S. District Court in Wisconsin recently held in Reif v. Assisted Living by Hillcrest LLC d/b/a Brillion West Haven, that misleading statements by an employer regarding the Family and Medical Leave Act (“FMLA”) can give rise to an FMLA interference claim, even before an employee is eligible for leave. In January 2018, the Plaintiff notified the Company’s Human Resources department that she scheduled a required surgery one week after she became eligible for FMLA…

EPL Risk Mitigation Blog

Employer’s FMLA Policy and Legitimate Business Reason Lead to Early Dismissal of Employee’s Claim

By Michael A. Giarratano on May 29, 2018

In Everson v. SCI Tennessee Funeral Services, LLC., the federal court granted summary judgment dismissing Plaintiff’s FMLA claims because the worker failed to follow Defendant’s FMLA notice requirements when requesting leave. As discussed below, Plaintiff’s ADA claim also was dismissed. In this lawsuit, Plaintiff alleged, among other things, that Defendant retaliated against him for requesting FMLA leave. The fact pattern is a common one. It began several years earlier when Plaintiff requested time off for a…

EPL Risk Mitigation Blog

Listing Essential Function in Job Description Essential to Defeat ADA Claim

By Michael A. Giarratano on January 3, 2018

The Eleventh Circuit Court of Appeals recently vacated the lower court’s grant of summary judgment that dismissed a disability discrimination claim brought by a female police detective. Years earlier, the detective suffered a “small heart attack” that the Police Department felt presented a significant risk if she suffered a Taser shock. As part of the Taser usage and training policy, the Department required each officer to receive a five-second shock. The plaintiff obtained a letter from…

Michael A. Giarratano

Fired University Tennis Director Accused of Sexual Misconduct of Student-Athlete Allowed to Pursue his Gender Discrimination claims against the University

Older Employee Let Go in Reduction in Force Can Proceed to Trial on ADEA Claim

Employer’s Misleading Statements Allow FMLA Claim to Survive Motion to Dismiss

Employer’s FMLA Policy and Legitimate Business Reason Lead to Early Dismissal of Employee’s Claim

Listing Essential Function in Job Description Essential to Defeat ADA Claim

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