Romanello v. Intessa Sanpoalo S.P.A., No. 109314/092012, 2012 NY Slip Op 05595 (1st Dep’t July 17, 2012): The New York Appellate Division, First Department affirmed dismissal of the plaintiff’s disability discrimination claims under the New York State Human Rights Law and New York City Human Rights Law because the defendant had issued a letter stating that the plaintiff’s FMLA leave expires soon and the defendant would appreciate knowing whether the plaintiff intends to return to work or abandon his position. The court held that the letter demonstrated a “good faith interactive process,” and that the plaintiff failed to engage in the interactive process by sending a “hostile” letter, through his counsel, in response to defendant’s inquiry. The court concluded that the plaintiff’s response letter stating that the defendant will bear any “consequences and liabilities” for termination of the plaintiff’s employment preemptively threatened litigation and was “not reasonably susceptible to interpretation as an invitation to engage in a dialogue aimed at accommodation acceptable to both parties.”
It has been said that when something seems too good to be true, it probably is. One recent practical example of this aphorism can be found in the loan forgiveness provisions applicable under the Paycheck Protection Program (PPP), as highlighted by the Internal Revenue Service (IRS) on April 30, 2020, in Notice 2020-32.
The House Education and Labor Committee, chaired by Representative George Miller of California, recently drafted a bill (H.R. 5663) entitled the “Miner Safety and Health Act of 2010.” The measure’s stated purpose is to improve safety compliance, “empower workers to raise safety concerns,” prevent tragedies and establish victims’ rights.
Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court
On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964.