Tag Archives: employer&#039s

Employer's "legitimate, independent, and nondiscriminatory reasons" for its personnel actions trumps employee's complaint of discrimination and retaliation

Employer's "legitimate, independent, and nondiscriminatory reasons" for its personnel actions trumps employee's complaint of discrimination and retaliationCubelo v City of New York, 2019 NY Slip Op 00689, Appellate Division, First DepartmentThe Plaintiff in this action, who was born in Spain, … Continue reading

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Administrative due process trumps an employer's claim to a "management right" to summarily terminate an employee for cause

Administrative due process trumps an employer's claim to a "management right" to summarily terminate an employee for causeMatter of the Arbitration between the Town of Greece Guardians' Club, Local 1170 and the Town of Greece, 2018 NY Slip Op 08775, … Continue reading

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The employer's annual reviewing and approving requests for the assignment an agency vehicle to an employee does not create a past practice

The employer's annual reviewing and approving requests for the assignment an agency vehicle to an employee does not create a past practiceSpence v New York State Dept. of Transp., 2018 NY Slip Op 08594, Appellate Division, Third DepartmentCertain employees serving … Continue reading

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Administrative Law Judge finds the testimony of the employer's witnesses more credible that the testimony of the accused employee

Administrative Law Judge finds the testimony of the employer's witnesses more credible that the testimony of the accused employeeHuman Resources Admin. v. Brown, OATH Index No. 161/19A case worker was charged with confronting a security officer at the facility where … Continue reading

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Employer's termination of a biologically male employee transitioning from male to female held unlawful discrimination on the basis of sex

Employer's termination of a biologically male employee transitioning from male to female held unlawful discrimination on the basis of sex EEOC v R.G. and G.R. Harris Funeral Home., USCA, 6th Circuit, No. 16-2424 Plaintiff, born biologically male, while living and … Continue reading

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