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Employer’s Affirmative Defense in Sexual Harassment Cases Gets a Trimming by...

Daniel SchwartzIn sexual harassment cases, the U.S. Supreme Court (in what’s known as the Faragher/Ellerth cases) over a decade ago laid out the rules for when an employer could use an "affirmative...

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Second Circuit = The Avengers? Judges Create Alter Ego Liability

Daniel SchwartzAlter egos are all the rage right now with The Avengers well on its way to becoming one of the most popular movies of all time. Hearing about a new case out of the Second Circuit, it...

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U.S. Supreme Court Narrows Employer Liability in Harassment Cases

Daniel SchwartzWe’ve been waiting a while for a few U.S. Supreme Court cases to come down that have an impact on employment law.  And the court didn’t disappoint.  They are blockbuster cases when it...

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