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State of New York vs. COVID-19 - Governor Andrew M. Cuomo periodically updates New Yorkers on the state's progress during the ongoing COVID-19 pandemic. The latest reports of the number of new cases, the percentage of tests that were positive and many other relevant data points concerning COVID-19 are available at forward.ny.gov.

N.B. §22 of the New York State's General Construction Law, in pertinent part, provides that “Whenever words of the masculine or feminine gender appear in any law, rule or regulation, unless the sense of the sentence indicates otherwise, they shall be deemed to refer to both male or female persons.” NYPPL applies this protocol to individuals referred to in a decision self-identifying as LGBTQA+.

September 20, 2016

Inadequate investigation by employer supports employee’s Title VII claim that the employees’ supervisors used the n-word


Inadequate investigation by employer supports employee’s Title VII claim that the employees’ supervisors used the n-word
Posted in Wolters Kluwer's WorkDayhttp://www.employmentlawdaily.com/

Denying summary judgment on an African-American employee’s Title VII hostile work environment claim, a federal court in New York held that a jury could find that the repeated use of the n-word against him by two first line supervisors was severe and pervasive, that the employer’s investigation was inadequate, and that it should therefore be vicariously liable. However, the employee’s remaining discrimination and retaliation claims failed, largely because the record was clear that he was terminated because he failed to turn in FMLA paperwork and he accepted a better-paying job Holt v. Dynaserv Industries, Inc..

Ms. Park’s article is posted on the Internet at:

© 2016 CCH Incorporated. All rights reserved. The foregoing summary is reprinted with permission. This article was published in Wolters Kluwer Daily Reporting Suite on September 14, 2016. For more information, please click here [http://www.dailyreportingsuite.com/files/DailiesReprintPermissionsAfter7Days.pdf]


Public Personnel Law E-books

The Discipline Book - A concise guide to disciplinary actions involving public employees in New York State set out in a 700 page e-book. For more information click on https://booklocker.com/books/5215.html

A Reasonable Disciplinary Penalty Under the Circumstances - A 442-page e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. Now available in two formats - as a large, paperback print edition and as an e-book. For more information click on http://booklocker.com/books/7401.html

The Layoff, Preferred List and Reinstatement Manual - A 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html

Disability Leave for fire, police and other public sector personnel - A 1098 page e-book focusing on disability benefits available to public officers and employees employed by New York State and its political subdivisions. For more information click on http://booklocker.com/books/3916.html