Selected reports posted in Employment Law News by WK Workday

 

Selected reports posted in Employment Law News by WK Workday

Source: Wolters Kulwer

Selected reports posted by WK Workday distributed August 25, 2017

Click on text highlighted in color  to access the full report

Sweeping ‘don’t talk about K9 unit’ mandate was prior restraint on troopers’ free speech

Moonin v. Tice, By Lisa Milam-Perez, J.D.

Officer could be fired for derogatory Facebook post and texts about Trayvon Martin

Snipes v. Volusia County, By Kathleen Kapusta, J.D.

Supervisor’s heterosexuality wouldn’t bar jury from finding she sexually desired female subordinate

Watkins v. Illinois Central School Bus, LLC, By Lorene D. Park, J.D.

The Doctrine of Collateral Estoppel bars relitigating an issue raised and decided by a judicial tribunal in a prior action or proceeding involving the same parties

The Doctrine of Collateral Estoppel bars relitigating an issue raised and decided by a judicial tribunal in a prior action or proceeding involving the same parties

2017 NY Slip Op 06264, Appellate Division, Second Department

In an action to recover damages for alleged unlawful discrimination, unlawful retaliation, and maintaining a hostile work environment in violation of Executive Law §296 [NYSHLR] and §8-107 of the Administrative Code of the City of New York [NYCHRL], Supreme Court determined that the plaintiff's claims under color of NYSHRL and NYCHRL were barred by the doctrine of collateral estoppel.

The plaintiff appealed the court's ruling, contending that the court erred in dismissing his claims brought under NYCHRL. The Appellate Division, citing Ryan v New York Tel. Co., 62 NY2d 494, sustained the lower court's decision, explaining that the doctrine of collateral estoppel bars a party from "relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding and decided against that party or those in privity [to such party], whether or not the tribunals or causes of action are the same."

Noting that a  party seeking to invoke the doctrine of collateral estoppel has the burden to show the "identity of the issues," while the party trying to avoid application of the doctrine must establish "the lack of a full and fair opportunity to litigate," the Appellate Division explained that four conditions must be met to trigger application of the Doctrine:

(1) The issues in both proceedings must be identical;

(2) The issue in the prior proceeding must have been actually litigated and decided;

(3) There was a full and fair opportunity to litigate in the prior proceeding; and

(4) The issue previously litigated was necessary to support a valid and final judgment on the merits.

Further, said the Appellate Division, in the event a federal court declined to exercise jurisdiction over a plaintiff's state law claims, collateral estoppel may still bar litigating those state claims in state court if the federal court decided issues identical to those raised in the plaintiff's state claims.

In plaintiff's earlier federal action, a federal District Court determined that the defendant-employer had legitimate, nondiscriminatory reasons for its employment actions, it was not motivated by retaliatory animus, its reasons were not a pretext for discrimination, and the plaintiff was not treated differently than other employees. The District Court's determinations in this regard were affirmed by the U.S. Circuit Court of Appeals.

Accordingly, the Appellate Division found that "the determinations rendered by the federal courts are dispositive of the plaintiff's claims under NYSHRL and NYCHRL, even under the broader standard of NYCHRL" and concluded that Supreme Court properly determined that the plaintiff's claims under NYSHRL and NYCHRL were barred by the doctrine of collateral estoppel.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2017/2017_06264.htm

The New York State Department of Civil Service has announced the availability of 500 new State Government Internships

The New York State Department of Civil Service has announced the availability of new State Government Internships

Source: New York State Department of Civil Service

On August 23, 2017 the New York State Department of Civil Service announced the availability of more than 500 new student internships for the upcoming 2017 Fall Semester throughout New York State government.  

N.B. The application deadline is September 12, 2017.

Student internships are available across a wide array of State agencies – both upstate and downstate – and include opportunities in finance, environmental conservation, criminal justice, health care, engineering, and a host of other professional disciplines. A current list of available internships for the Fall 2017 Session is posted on the Internet at: https://nysinternships.cs.ny.gov/nnyl/main/viewinternships.cfm

Student internships are available to undergraduate and graduate students at colleges and universities throughout New York State, as well as New York residents enrolled elsewhere. Opportunities include paid and unpaid positions and internships may provide academic credit depending on the policy of the intern’s educational institution. Each intern works in a particular area within an Executive Branch agency or department and internships are designed to provide participants with hands-on program experiences.

New York State’s one-stop website – nysinternships.cs.ny.gov– allows applicants to view job descriptions, create profiles, specify occupational interests, and upload resumes, writing samples, and letters of recommendation. Students can apply for multiple internships at the same time..

The Student Intern Program is administered by the Department of Civil Service and is one component of Governor Cuomo’s New New York Leaders Initiative and focuses on attracting new and highly-skilled individuals to the State workforce through both internship and fellowship programs.