The Employment Law Reporter: Autumn 2023

Here is what we cover in this issue of Employment Law Reporter Autumn 2023:

• The U.S. Court of Appeals for the Second Circuit has affirmed a decision by the U.S. District Court for the Southern District of New York dismissing a plaintiff’s employment discrimination and defamation claims arising from her termination.
• The U.S. District Court for the Southern District of New York has ruled that a plaintiff’s employment discrimination claims were barred by the doctrine of intra-military immunity and by sovereign immunity.
• The U.S. District Court for the Southern District of New York has dismissed a plaintiff’s employment discrimination claims under federal, state, and municipal laws against her former employer, the Internal Revenue Service (“IRS”), and against an IRS supervisor.
• A federal district court in New York has rejected a plaintiff’s employment discrimination complaint in which he alleged that his former employer discriminated against him on the basis of his race, his sex, and his age in violation of a variety of federal laws.
• A federal district court in New York has ruled that a plaintiff’s claims in an employment discrimination lawsuit were untimely where the plaintiff filed a complaint with the New York State Division of Human Rights more than two years after the termination of his employment. The court also decided that an Equal Employment Opportunity Commission form that the plaintiff filed was not a charge of discrimination and, therefore, that his submission of that form to the EEOC did “not make his claim timely.”
• A trial court in New York has denied a plaintiff’s motion to compel discovery of certain of the defendants’ text, social media, and LinkedIn messages in a lawsuit in which the plaintiff alleged that the defendants violated certain non-disclosure, non-solicitation, and non-compete agreements.
• In a lawsuit alleging that a former employee violated non-compete and non-solicitation agreements, a trial court has granted the plaintiff’s motion to compel the disclosure of documents held by the defendants.
• A New York trial court has ruled that a former director of a company may enforce a promissory note signed by the company as part of a separation agreement notwithstanding that the company alleged that the former director fraudulently induced the company into signing the note by concealing that, before the separation, he was using the company’s proprietary information and other resources to create a competing business.

Kenneth A. Novikoff