The Employment Law Reporter

Here is what we cover in this issue of The Employment Law Reporter:

• The U.S. Court of Appeals for the Second Circuit has ruled that Title IX of the Education Amendments of 1972 affords a faculty member a private right of action against the faculty member’s university for intentional gender-based discrimination.
• The Second Circuit also has affirmed a district court’s decision granting summary judgment in favor of an employer on claims that it refused to hire one plaintiff on the basis of her gender and that it terminated a second plaintiff on the basis of her gender, but it reversed the district court’s ruling on the second plaintiff’s retaliation claim.
• The Second Circuit also has ruled that an employer was not obligated under Section 504 of the Rehabilitation Act of 1973 to provide accommodations such as an American Sign Language interpreter to a disabled individual who wanted to take a preemployment exam but who did not show that he was otherwise qualified for the position he sought.
• A federal district judge in New York has ruled that an employment discrimination complaint should be dismissed where the defendant asserted that the plaintiff was a volunteer and not an employee.
• The U.S. District Court for the Western District of New York has ruled that a plaintiff’s employment discrimination claims must be arbitrated as provided in a provision in the parties’ employment agreement.
• A trial court in New York has dismissed a plaintiff’s employment discrimination claim, finding that the plaintiff had not set forth “a plausible claim for relief.”
• A New York trial court has issued a preliminary injunction enjoining the use of the plaintiff’s proprietary or confidential information.
• A trial court in New York has denied the plaintiff’s bid to enjoin a former employee from working for a competitor.

Kenneth A. Novikoff