Monday, July 27, 2009

Another certified question. The Second Circuit, in Zakrzewska v. New School, certified the following question to the New York State Court of Appeals:

Does the affirmative defense to employer liability articulated in Faragher v. City of Boca Raton and Burlington Industries v. Ellerth apply to sexual harassment and retaliation claims under section 8-107 of the New York City Administrative Code.

The Supreme Court in those cases provided that an employer would not be liable under Title VII for sexual harassment by a supervisor if the employer can prove that (1) no tangible employment action, such as discharge, demotion or undesireable reassignmentwas taken as part of the alleged harassment, (2) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior and (3) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.

The decision can be found here. When the Court of Appeals acts, it will be reported.

Monday, July 20, 2009

Admission to U.S. Denied. Tariq Ramadan was denied admission into the United States because he had made a donation to a charity that had supplied funds to Hamas and that such contributions were "material support" to a terrorist organization (the charity). The Second Circuit vacated and remanded the decision of the District Court, holding that the record was not clear whether the consular officer had confronted Ramadan with the allegations against him and afford him the opportunity to prove by clear and convincing evidence that he did not know (and reasonabley should not have known) that the recipient of his contributions was a terrorist organization.

The decision in American Academy of Religion v. Napolitano can be found here.