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Conservative student group loses First Amendment case against SUNY Buffalo
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The University at Buffalo adopted a plan after a controversial organization spoke on campus, the Young Americans for Freedom. The campus YAF chapter was part of a nationwide organization. The…
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Ministerial exception does not bar plaintiffs from suing their religious employers for a hostile work environment
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Appellate Division First Department has ruled for the first time in New York that the ministerial exception -- which bars employees working for religious institutions from suing for certain…
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Plaintiff who was fired for blogging on Gaza loses under the "ministerial exception"
By secondcircuitcivilrightsblogsecondcircuitcivilrig
There is a funny little statute in New York that says you can't fire someone because of their recreational activity. But "recreation activity" does not carry a definition.What it does…
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Sex discrimination verdict stands despite debatable jury charge at trial (Krause v. Kelahan Part III)
By secondcircuitcivilrightsblogsecondcircuitcivilrig
This is the unusual case where the Court of Appeals finds that the district court, during trial, gave the jury a less-than-accurate statement of legal principle that did not affect…
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FMLA interference claim is dismissed
By secondcircuitcivilrightsblogsecondcircuitcivilrig
In this Family and Medical Leave Act case, the plaintiff argues that her employer fired her after she took 8.5 days of paid time off to care for her sick…
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Port Authority might be on the hook for Bridgegate legal expenses
By secondcircuitcivilrightsblogsecondcircuitcivilrig
Remember "Bridgegate"? That was a New Jersey scandal when Governor Chris Christie was accused of shutting down traffic around the George Washington Bridge to punish the mayor of Fort Lee…
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How does Muldrow affect sexual harassment "severe or pervasive" cases?
By secondcircuitcivilrightsblogsecondcircuitcivilrig
In 2024, the Supreme Court changed the rules guiding adverse employment actions under Title VII, holding that plaintiffs can sue over personnel decisions that inflict "some harm" even if the…
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Plaintiff recovers damages under Title VII despite adverse Section 1983 holding on summary judgment — Krause v. Kelahan, Part II
By secondcircuitcivilrightsblogsecondcircuitcivilrig
This sex discrimination verdict spent 2.5 years under review by the Second Circuit, which sustained the plaintiff's win but resolved a slew of evidentiary and trial rulings along the way,…
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2d Circuit sustains sex discrimination verdict — Krause v. Kehahan, Part I
By secondcircuitcivilrightsblogsecondcircuitcivilrig
The Court of Appeals has upheld a sex discrimination verdict against the Superintendent of Schools in Central New York who orchestrated the termination of a high school principal for pretextual…
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Pro-life organization wins First Amendment injunction against State of New York
By secondcircuitcivilrightsblogsecondcircuitcivilrig
An anti-abortion organization sued the State of New York to prevent the Attorney General from proceeding against groups who wish to speak out against the use of abortion pills. The…