Tag Archives: Second Circuit

Second Circuit Affirms Expansion of Gender Bias Class Action against Sterling Jewelers

On November 18, 2019, the United States Court of Appeals for the Second Circuit revived a potentially sweeping class action against Sterling Jewelers, Inc. (“Sterling”), holding that potentially tens of thousands of female employees could take part in an arbitration class involving claims of sex discrimination. The Second Circuit’s holding is the latest in the … Continue Reading

Second Circuit Rules Sexual Orientation Discrimination Is Prohibited Under Title VII

By Evandro Gigante and Laura Fant on February 27, 2018 Posted in Discrimination, Harassment and Retaliation

In an en banc decision in Zarda v. Altitude Express, Inc., the Second Circuit has become the latest federal appeals court to hold that discrimination on the basis of sexual orientation is prohibited sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). Background The case involved Donald Zarda, a gay … Continue Reading

Second Circuit Addresses Title VII Sexual Orientation Claims And Leaves Door Ajar For Sex Stereotyping Claims

By Brett Schwab, Evandro Gigante and Laura Fant on March 28, 2017 Posted in Discrimination, Harassment and Retaliation

In a three-member panel decision in Christiansen v. Omnicom Group, Inc., the Second Circuit revived a homosexual employee’s claims under Title VII on the theory of sex discrimination based on sex stereotyping, but stopped short of reconsidering prior Circuit precedent holding that Title VII does not expressly prohibit discrimination on the basis of sexual orientation. … Continue Reading

Eleventh Circuit Adopts Second Circuit’s “Primary Beneficiary” Test for Unpaid Interns

By Mark W. Batten and Rebecca Sivitz on September 15, 2015 Posted in Class/Collective Action, FLSA

On September 11, 2015, the Eleventh Circuit became the first appellate court to address the standard for lawful unpaid internships since the Second Circuit’s ruling in Glatt et al. v. Fox Searchlight Pictures, Inc. et al. (For more on Glatt, see our post here). The new decision adopts the Glatt test and reasoning wholesale, and … Continue Reading

Second Circuit Decision Resuscitates EEOC’s Gender Discrimination Suit Against Sterling Jewelers

By Jessica Childress and Mark W. Batten on September 11, 2015 Posted in Discrimination, Harassment and Retaliation

This week, the United States Court of Appeals for the Second Circuit sharply limited employers’ ability to challenge the adequacy of the EEOC’s pre-suit investigations. The Court issued an opinion vacating a district court decision granting summary judgment to Sterling Jewelers Inc. (“Sterling”) on sex discrimination claims filed by the Equal Employment Opportunity Commission (“EEOC”). … Continue Reading

Second Circuit Adopts The “Highly Individualized” Primary Beneficiary Test In Unpaid Intern Lawsuits

By Elise M. Bloom, Joshua Fox, Mark W. Batten and Noa Baddish on July 8, 2015 Posted in Appeals, Class/Collective Action, FLSA, Misclassification

On July 2nd, the United States Court of Appeals for the Second Circuit issued its decisions in Glatt et al. v. Fox Searchlight Pictures, Inc. et al. and Wang et al. v. The Hearst Corp., the two unpaid intern lawsuits heard in tandem by the court on January 30, 2015. The court’s opinion in Glatt, … Continue Reading

Oral Complaint to Supervisor Can Support FLSA Retaliation Claim, Says Second Circuit

By Allan Bloom on April 21, 2015 Posted in Wage and Hour

On April 20, 2015, the Second Circuit overruled its existing precedent and held that oral complaints of FLSA violations, made internally to a supervisor, can form the basis for a retaliation claim under Section 215 of the FLSA. Previously under Circuit law, an employee had to complain in writing, and to a government agency, in … Continue Reading

Second Circuit Allows After-Acquired Evidence to Support Termination Decision

By David Reid and Evandro Gigante on October 22, 2014 Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration

On October 9, 2014, the United States Court of Appeals for the Second Circuit, in a summary order, affirmed a district court’s admission of evidence at trial of a former employee’s misconduct, discovered after the employee’s termination, to support the employer’s reason for discharging the employee. Weber v. Fujifilm Medical Systems USA, Inc., et al., … Continue Reading