Rachel Ginsburg

Rachel Ginsburg

Pullman & Comley, LLC

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Testing the Boundaries of the Faragher/Ellerth Defense in Sexual Harassment Cases

In 1998, the U.S. Supreme Court created a defense for employers accused of permitting a supervisor to engage in unlawful sexual harassment of an employee. In two seminal cases, the Court held that an employer is not...more

4/15/2014 - Employer Liability Issues Faragher/Ellerth defense Internal Investigations SCOTUS Sexual Harassment

Hear No Evil; See No Evil: The General Corporate Knowledge Presumption

In a previous post, we discussed the importance of Kwan v. The Andalex Group LLC, – F.3d – (2d Cir. 2013) as it related to the likelihood of obtaining summary judgment on Title VII retaliation claims in the aftermath of the...more

2/20/2014 - Nassar Rebuttable Presumptions Retaliation SCOTUS Summary Judgment Title VII UT Southwestern Medical v Nassar

Employee Gripes: When Employers Should Take Them Seriously

An employee’s speech in the workplace may be disruptive to the day-to-day running of your company or worse, downright offensive and “bad for business.” This blog post will discuss when an employer is free to discipline an...more

1/27/2014 - CHRO EEOC First Amendment Free Speech Offensive Language

The Meaning of “But-For” Harassment: The Second Circuit Breaks Its Silence and it is not Good for Employers

In 2013, the U.S. Supreme Court held that Title VII retaliation claims must be proven according to traditional principles of “but-for” causation. Since Univ. of Tex. Sw. Med. Ctr. v. Nassar, 133 S. Ct. 2517 (2013), ...more

12/30/2013 - Adverse Employment Action But For Causation Retaliation Title VII UT Southwestern Medical v Nassar

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