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Instatement Still Possible When Incumbent Displaced

Filed under: Civil Rights, Section 1983; Employment Law, Discrimination, Political Affiliation

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Todaro v. County of Union, 392 N.J. Super. 448 (App. Div., April 19, 2007).

Instatement should not be disqualified as a remedy even when it stands to displace the incumbent. In Todaro, a public employee was denied appointment to a classified civil service position solely on the basis of her political affiliation. The New Jersey Superior Court Appellate Division held that instating her – in other words, promoting her to the position that was illegally denied – should be considered as a remedy, even at the expense of the incumbent employee when the position is unique.
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Manager's Policymaking Authority Results in Municipal Liability in New York Discrimination Case

Filed under: Civil Rights, Section 1983; Employment Law, Discrimination, Sexual Orientation

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Pugliese v. Long Island Rail Road Company, 2006 U.S. Dist. LEXIS 66936 (E.D.N.Y. September 19, 2006)

In 2001, Lorenzo Pugliese, a ticket clerk employed by the Long Island Rail Road Company (LIRR), filed a lawsuit in the United States District Court for the Eastern District of New York against LIRR and certain LIRR employees. He charged the defendants with engaging in a pattern and practice of discrimination on the basis of his sexual orientation as a homosexual male and a perception that Pugliese did not conform to the stereotypes of his gender. After the close of discovery, Defendants moved for summary judgment to dismiss Pugliese’s claims. The Court found that because Pugliese's supervisor possessed the authority to investigate claims of harassment and to impose discipline, both the supervisor and LIRR could be liable for the supervisor's discriminatory conduct.
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Manager's Policymaking Authority Results in Municipal Liability in New York Discrimination Case

Filed under: Civil Rights, Section 1983; Employment Law, Discrimination, Sexual Orientation

By

Pugliese v. Long Island Rail Road Company, 2006 U.S. Dist. LEXIS 66936 (E.D.N.Y. September 19, 2006)

In 2001, Lorenzo Pugliese, a ticket clerk employed by the Long Island Rail Road Company (LIRR), filed a lawsuit in the United States District Court for the Eastern District of New York against LIRR and certain LIRR employees. He charged the defendants with engaging in a pattern and practice of discrimination on the basis of his sexual orientation as a homosexual male and a perception that Pugliese did not conform to the stereotypes of his gender. After the close of discovery, Defendants moved for summary judgment to dismiss Pugliese’s claims. The Court found that because Pugliese's supervisor possessed the authority to investigate claims of harassment and to impose discipline, both the supervisor and LIRR could be liable for the supervisor's discriminatory conduct.
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