November 09, 2012 | New York Law Journal
Employees With Learning Disabilities Test ADA Accommodation RequirementGeoffrey A. Mort, of counsel at Kraus & Zuchlewski, writes that a majority of the growing number of cases concerning claims by learning disabled individuals involve disputes over what, if any, accommodation should be provided to a learning disabled employee, who could often satisfactorily perform the essential functions of their positions with only an easily affordable accommodation.
By Geoffrey A. Mort
11 minute read
May 20, 2013 | New York Law Journal
Implications of Statute Establishing Unemployed as a Protected GroupGeoffrey A. Mort, of counsel to Kraus & Zuchlewski, discusses the stigma of unemployment and the New York City act, which takes effect in mid-June and represents the most assertive legal step taken to date anywhere in this country to assist the unemployed after several years of efforts in a number of states to address this issue.
By Geoffrey A. Mort
10 minute read
August 29, 2012 | New York Law Journal
ADR Forum Can Affect Course and Outcome of ArbitrationGeoffrey A. Mort, of counsel at Kraus & Zuchlewski, discusses some of the most important ways in which the three major arbitration providers available to parties in New York City differ, including their rules on the number of arbitrators, whether statutory claims are heard, their approaches to discovery, whether dispositive motions are allowed, and more.
By Geoffrey A. Mort
11 minute read
April 25, 2008 | New York Law Journal
Employer Practices Alone May Create ERISA Benefit PlansGeoffrey A. Mort, of counsel at Kraus & Zuchlewski, writes that the slow but ongoing evolution of ERISA case law in the direction of increased receptiveness to construing the existence of unwritten plans from a broader range of circumstances is consistent with the intent of Congress in passing the statute.
By Geoffrey A. Mort
13 minute read
September 19, 2011 | New York Law Journal
Manifest Disregard Standard Survives, Barely, in the Second CircuitGeoffrey A. Mort, of counsel at Kraus & Zuchlewski, the U.S. Court of Appeals for the Second Circuit and the district courts in it and elsewhere have grappled with the question of whether "manifest disregard of the law" remains a viable ground for vacatur of an arbitral award.
By Geoffrey A. Mort
11 minute read
January 20, 2006 | New York Law Journal
'Temporal Proximity' Under Title VII's Retaliation ProvisionGeoffrey A. Mort, of counsel at Kraus & Zuchlewski, writes that most employees must rely upon temporal proximity between their protected activity and an adverse employment action in order to establish their retaliation case, but the scope of and rationale for that requirement have not been clearly or consistently articulated by the courts. Many courts seem to feel revenge is a dish only served hot.
By Geoffrey A. Mort
11 minute read
January 20, 2011 | New York Law Journal
'Iqbal's' Application in Employment Law Cases in the Second CircuitGeoffrey A. Mort, counsel to Kraus & Zuchlewski, writes that employment law is no exception to the conclusion reached by many commentators that Iqbal has caused "confusion and disarray among judges and lawyers."
By Geoffrey A. Mort
13 minute read
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