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Bankruptcy Code does not provide cause of action against private employer for failure to hire based on prior bankruptcy filing

Porzio Bromberg & Newman PC
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USA
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December 31 2010

Earlier this month, in Rea v. Federated Investors, 2010 U.S. App. LEXIS 25501 (Dec. 15, 2010), the United States Court of Appeals for the Third Circuit held that while federal law prohibits a private employer from firing or discriminating against an employee who files or has filed for bankruptcy, it does not prohibit a private employer from denying employment to someone simply because he had filed for bankruptcy in the past

When does a non-decision maker's influence trigger the "Cat's Paw" theory?

Porzio Bromberg & Newman PC
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USA
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October 31 2010

The "Cat's Paw" theory (derived from a fable entitled "The Monkey and the Cat") refers to a person influencing the actions or decisions of another to accomplish his or her own goals

Does Title VII apply to employees who do not personally engage in protected activity?

Porzio Bromberg & Newman PC
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USA
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October 31 2010

In June 2009, the United States Court of Appeals for the Sixth Circuit held that the anti-retaliation provision of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. ("Title VII"), does not extend to third parties who do not personally engage in protected activity

Does the FLSA bar retaliation against employees who do not complain in writing?

Porzio Bromberg & Newman PC
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USA
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October 31 2010

In Kasten v. Saint-Gobain Performance Plastics Corp., 570 F.3d 834 (7th Cir. 2009), the United States Court of Appeals for the Seventh Circuit held that a complaint against an employer under the Fair Labor Standards Act, 29 U.S.C. 201 et seq. ("FLSA"), must be in writing in order to trigger the statute's anti-retaliation provision

Sarbanes-Oxley whistleblower provision covers employees who report fraudulent conduct or securities law violations by third parties

Porzio Bromberg & Newman PC
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USA
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February 28 2011

In a case of first impression, the United States District Court for the Southern District of New York held that the whistleblower provision of the Sarbanes-Oxley Act of 2002 ("Sarbanes-Oxley") protects employees who report fraudulent conduct or securities law violations by third parties from retaliation

Promptly stopping harasser does not shield employer that has ineffective anti-harassment policy

Porzio Bromberg & Newman PC
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USA
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February 28 2011

While employers must act quickly to stop sexually harassing conduct when it occurs, the New Jersey Appellate Division recently issued a decision that emphasizes the importance of also promulgating effective policies calculated to prevent such conduct from occurring in the first place

Fellow-servant rule bars third-party claims against a plaintiff’s co-worker

Porzio Bromberg & Newman PC
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USA
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May 5 2011

Employees in New Jersey are generally prohibited from suing their employers for injuries suffered in the workplace under the State’s Workers Compensation Act (“Act”

U.S. Supreme Court extends Title VII retaliation protection to non-complaining employees

Porzio Bromberg & Newman PC
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USA
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January 25 2011

Yesterday, the United States Supreme Court issued a unanimous decision in Thompson v. North American Stainless, LP, 2011 U.S. LEXIS 913 (Jan. 24, 2011), holding that an employee fired because his fiancée accused their mutual employer of discrimination may maintain a retaliation claim against the employer under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. ("Title VII"

Swallowing heroin costs public employee his job

Porzio Bromberg & Newman PC
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USA
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May 12 2011

In State v. Kennedy, ___ N.J. Super. ___ (App. Div. 2011), the question presented to the Appellate Division was whether the criminal offense of tampering with physical evidence was “an offense involving dishonesty,” which would require the defendant to forfeit his public employment under N.J.S.A. 2C:51-2(a)(1

Employer avoids trial by articulating non-discriminatory reason for discharging employee co-worker called "terrorist"

Porzio Bromberg & Newman PC
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USA
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January 31 2011

In a case that highlights the importance of an employer being able to articulate legitimate, non-discriminatory reasons for its adverse employment decisions, El Sayed v. Hilton Hotels Corp., 2010 U.S. App. LEXIS 25716 (2d Cir. Dec. 17, 2010), the United States Court of Appeals for the Second Circuit affirmed the dismissal on summary judgment of a discrimination lawsuit that a former employee filed against Hilton Hotels Corporation ("Hilton"), despite the suspicious timing of the employer's decision to fire him

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