The Court of Appeals holds that a police officer may challenge a promotion denial that he claims was in retaliation for speaking out against possible supervisory misconduct.The case is Beatty v. Vafeades, a summary order issued on October 26.
Bergstein & Ullrich
Bergstein & Ullrich is a legal publisher that provides detailed analyses of recent court decisions and legal developments, primarily focusing on employment law, discrimination, labor law, and civil rights issues. Their content often covers appellate court rulings, statutory interpretations, and procedural aspects of cases involving workplace discrimination, family and medical leave, religious employment exceptions, and public authority liability. The publisher offers in-depth case summaries and legal reasoning that are useful for lawyers, legal scholars, and professionals interested in employment litigation and related legal principles.
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Religious-based objection to selling bridal clothing for same-sex wedding violates state law
The First Department has sustained a State Division of Human Rights finding that a wedding business violated state law in refusing to sell a bridal jumpsuit for a same-sex wedding. The ruling rejects the business’s objection that servicing the wedding…
Plaintiff wins retaliation appeal against Trump's 2016 campaign
The Appellate Division has reinstated a retaliation case filed against Donald Trump’s 2016 campaign, which alleges that, after its former director of Hispanic engagement sued the campaign for sex discrimination, the campaign filed an arbitration demand against her, seeking $1.5…
Anti-Biden Twitter critic loses federal civil rights suit alleging conspiracy to close his account
The plaintiff here was an active Twitter-poster who criticized President Biden’s COVID-19 policies, challenging the shutdowns and school closures. Twitter eventually suspended him under its five-strikes-yer-out rule after determining he was tweeting misinformation about the virus. This lawsuit against the…
2d Department sustains sexual harassment finding against Boston Market
The Appellate Division has sustained a finding from the New York State Division of Human Rights that found a female employee was sexually harassed at Boston Market in Orange County. The Second Department also holds the damages and penalties were…
Welcome to New York Times v. Sullivan
A Republican Congressman sued NBC over a Rachel Maddow’s comment that he had accepted material from a Russian agent without notifying the authorities. That comment was apparently false, but Maddow got the “news” from a Politico article. The congressman, Devan…
Employees get paid when they are required to show up early but there is no work to perform
The Second Circuit has reinstated a wage-and-hour lawsuit alleging that a supermarket required employees to arrive 15 minutes before their shifts but did not pay them when managers were late unlocking the stores. The court holds that the Fair Labor…
Plaintiff loses retaliation case on appeal
A plaintiff can establish a prima facie case of retaliation and still lose at summary judgment. That is what happened to an Office of Mental Health employee whose discrimination complaint was followed by a series of disciplinary actions. The plaintiff…
Plaintiff lose political affiliation case
The Court of Appeals holds that three Program Integrity Officers who worked for the Orange County Sheriff cannot sue for First Amendment/political affiliation retaliation because they held political jobs, which gave the Sheriff discretion to replace them after they supported…
Court broadly interprets the Ending Forced Arbitration Act
The Second Circuit has clarified the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), holding that when the EFAA applies, it prevents enforcement of a pre-dispute arbitration agreement as to the entire lawsuit, not…