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Public Policy Trumps Contract Protection in Harassment Case

Published: August 19, 2015 Publication: New York Law Journal By Ben Bedell The Appellate Division, First Department, at 27 Madison Ave. NYLJ/Rick Kopstein A union contract’s provision shielding a union officer from being fired for sexual harassment is unenforceable because it “conflicts with a well-defined and dominant public policy against sexual harassment in the workplace,” the Appellate Division, First Department, ruled Tuesday. Justice Dianne Renwick In an opinion by Jus

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Transport Workers Union official accused of sexual harassment can’t dodge punishment, court rules

Published: August 18, 2015 Publication: Daily News By Barbara Ross A union official accused of sexually harassing his female supervisors in a Bronx bus depot cannot use his position in the Transport Workers Union to avoid disciplinary charges, a Manhattan appellate court ruled Tuesday. The panel of five judges said they had to make a “relatively rare” decision and overturn an arbitrator’s ruling on the matter because to do otherwise would “send the wrong message” by negating

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Statistics Fall Short of Showing Intent, Circuit Says

Published: August 3, 2015 Publication: New York Law Journal By Andrew Keshner The U.S. Court of Appeals for the Second Circuit ruled Friday that there could be circumstances where a putative class action suit alleging employment discrimination could rely on statistics alone to show discriminatory intent. But the statistics that New York City sanitation employees cited on racial make-up in the top ranks did not convince the panel that there was discriminatory intent in the dep

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Statistics Alone Can Prove Discriminatory Intent

Published: August 3, 2015 Publication: Daily Labor Report By Jon Steingart July 31 — A group of 12 black and Hispanic New York City sanitation workers seeking to represent a class can’t proceed on claims that the city discriminated on the basis of race and national origin in promoting employees into supervisory positions, the U.S. Court of Appeals for the Second Circuit ruled July 31. Deciding an issue of first impression, the Second Circuit said statistical evidence alone ma

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My Arrest. It Wasn’t Fair and It Wasn’t Fun.

Published: August 1, 2015 Publication: WestView News By Arthur Z. Schwartz Taken in handcuffs from the 6thprecinct out onto 10th Street, Arthur Schwartz experienced the searing humiliation of eyes asking “what crime did that man commit.” And the humiliation continued when police escorted him into the Criminal Court where he had brought dozens of clients. Now he was the criminal. Lawyers and even a few judges who recognized him looked surprised and stunned—“why was attorney Ar

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