New York Labor and Employment Law Report

For those of you old enough to remember (and young enough to search YouTube), when Saturday Night Live was in its early heyday, one of its most popular skits was “Point/Counterpoint” starring Dan Aykroyd and Jane Curtin.  During this satire on news commentary, Mr. Aykroyd would start his “counterpoint” with “Jane, you ignorant slut,” a phrase that drew laughs in the 70s, but may not be so well received -- even in jest -- today.  And, as we will see from a recent court decision discussed below, when sophomoric name-calling leads to the actual spread of rumors in the workplace, liability for sexual harassment can attach.

Read More >> An Old "SNL" Skit, A New Court Decision, and How Rumors Can Lead to Sexual Harassment Liability

Just this week, the U.S. Court of Appeals for the Second Circuit (which is the federal appeals court that covers cases that originate in the U.S. District Courts in New York) issued a decision holding that discrimination based on sexual orientation is prohibited under Title VII of the Civil Rights Act.  On its face, Title VII prohibits employment discrimination based on five protected categories:  race, color, religion, national origin, and sex.  This Second Circuit ruling now places sexual orientation on the same level of protection as those categories historically covered under Title VII.

Read More >> Second Circuit Court of Appeals Rules That Title VII Prohibits Sexual Orientation Discrimination