The lawyer for New York City teachers who were placed in so-called “rubber rooms” for extended periods while awaiting possible disciplinary proceedings tried on Feb. 9 to convince a federal appeals court to reinstate their lawsuits.
Attorney Nicholas Penkovsky told Judges Robert Katzmann (See Profile) and Denny Chin (See Profile) of the U.S. Court of Appeals for the Second Circuit that a lower court was wrong to dismiss claims of employment discrimination, deprivation of a right to a prompt hearing and First Amendment retaliation for complaining about the actions of their supervisors.
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