By: Tatiana Sterling, Ashley Casey, Marlin Duro-Martinez, and William Perkins
The Second Circuit Court of Appeals (the “Second Circuit”) recently decided Tudor v. Whitehall Central School District, which changes the landscape of reasonable accommodations, within the Circuit, under the Americans with Disabilities Act (“ADA”). The Second Circuit followed the trend set by the First, Fifth, Sixth
Continue Reading The New Standard for Reasonable Accommodations in the Second Circuit
Seyfarth Synopsis: It has been nearly a decade since some states began enacting changes to their equal pay statutes that appeared to some to differentiate those statues from the federal Equal Pay Act (“EPA”) in significant ways. Although those changes garnered plenty of press and speculation from commentators, the courts themselves have been rather slow to
Continue Reading Key Developments In Equal Pay Litigation: The Second Circuit Finally Sees Some Daylight Between Federal And State Equal Pay Statutes
Seyfarth Synopsis: On October 17, 2023, the Second Circuit issued the eagerly-awaited decision in Eisenhauer v. Culinary Institute of America. The court clarified that the federal Equal Pay Act (“EPA”) never required employers to show that a “factor other than sex” must be related to the job in question, contrary to arguments by many plaintiffs
Continue Reading Second Circuit Clarifies That Federal Equal Pay Act Does Not Require “Factor Other Than Sex” Defense To Be Job RelatedBy Dion L. Beatty and Erin Dougherty Foley
Seyfarth Synopsis: In affirming summary judgment in favor of AutoZone, the Second Circuit rules that a sales associate did not provide enough evidence to satisfy her burden of proof for sex discrimination, retaliation and hostile work environment. This decision is significant because the court agreed that it was proper for a judge
Continue Reading Second Circuit Rules Against Plaintiff in AutoZone Case and Allows Nixing of her Deposition
Seyfarth Synopsis: The Department of Labor has scrapped its 2010 Fact Sheet on internship status and adopted the more flexible and employer-friendly test devised by Second Circuit.
In a decision that surprised no one who has followed the litigation of wage hour claims by interns, the US Department of Labor has abandoned its ill-fated six-part test for
Continue Reading DOL Bids Adieu to Six-Factor Internship Test
By Christopher Robertson, Gena Usenheimer and Needhy Shah
Last week, the Second Circuit heard oral arguments in Berman v. Neo@Ogilvy, a case that places squarely before the Court the question of who is a “whistleblower” within the meaning of the Dodd-Frank Act Wall Street Reform and Consumer Protection Act (“Dodd-Frank”).
As we have discussed in our previous posts,
Continue Reading Second Circuit Tackles “Whistleblower” Protection Under Dodd-Frank
Employers are well aware that the protections provided by 42 U.S.C. § 1981 extend to both United States citizens and permanent residents, colloquially referred to as “green card holders.”
Some employers, however, may be unaware that lawfully present aliens who are not green card holders may also be protected by § 1981. In Ruben Juarez v.
Continue Reading Lawfully Present And Protected