Kevin Smith

Sheppard Mullin Richter & Hampton LLP

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Latest Posts › Discrimination

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Appellate Division Panel Issues Ruling Broadly Interpreting New York State Human Rights Law

On January 14, 2015, in a case of first impression, the New York Supreme Court, Appellate Division, Second Department held that an employee can sufficiently demonstrate his membership in a protected class by virtue of his...more

1/27/2015 / Adverse Employment Action , Appeals , Discrimination , Employer Liability Issues , Human Rights , Protected Class , Religious Discrimination , Title VII

Employer Permitted to Use “After-Acquired” Evidence at Discrimination Trial

In Weber v. Fujifilm Medical Systems USA Inc., et al., case numbers 13-4891 and 14-0206, decided on October 9, 2014, the U.S. Court of Appeals for the Second Circuit held that a former executive’s employer could use...more

10/24/2014 / After-Acquired Evidence , Appeals , Discrimination , Employer Liability Issues , Hiring & Firing , Termination , Title VII , Willful Misconduct

Second Circuit Finds Possible Pretext in Vague Justification for Non-Transfer

On July 14th, the U.S. Court of Appeals for the Second Circuit vacated an award of summary judgment for the defendants in Abrams v. Department of Public Safety, State of Connecticut, et al., Case No. 13-111, holding that...more

7/21/2014 / Appeals , Corporate Counsel , Discrimination , Employer Liability Issues , Race Discrimination , Summary Judgment

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