• Mia Castro v. Yale University: Extreme Sexual Harassment, Hostile Environment and Retaliation
    Feb 1 2025

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    This episode is part of my initiative to provide access to important court decisions impacting employees in an easy to understand conversational format using AI. The speakers in the episode are AI generated and frankly sound great to listen to. Enjoy!

    What happens when prestigious institutions prioritize reputation over accountability? This episode unravels the complex sexual harassment case at Yale University, centering on accusations against Dr. Manuel Lopes-Fontes by six women doctors. We peel back the layers of this case, exploring the intricate application of Title IX in an environment where medical residents are both students and employees. Discover the unsettling irony of Dr. Fontes's appointment as vice chair for diversity amid these serious allegations and the court's pivotal decision to extend Title IX protections to the workplace.

    Witness the courage of individuals like Dr. Elturei and Dr. Castro, who risked their careers by confronting misconduct and facing retaliation. We spotlight the culture of silence that often envelops academia, questioning whether elite institutions like Yale truly value transparency and accountability. This episode delves into the broader cultural implications, challenging the traditional view of universities as safe havens and urging listeners to critically evaluate institutional priorities and the role of witnesses in fostering justice.

    We delve into the importance of supporting survivors and the need for genuine institutional change to cultivate safe environments. By analyzing Yale's questionable decision to appoint Dr. Fontes to a diversity role, we reflect on the broader questions of institutional priorities and the gap between declared values and actual practices. Through these discussions, the episode calls for a collective effort to create a more just and equitable world, encouraging listeners to become advocates for change and support those who bravely speak out against injustice.

    Show Notes:

    Complaint

    Answer

    Court Decision on Yale's Motion to Dismiss

    If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

    For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

    Disclaimer: For educational use only, not intended to be legal advice.

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    33 mins
  • Challenging the 'Boys Club': Renee Mihalik's Fight for Gender Equality in the Workplace
    Jan 28 2025

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    This episode is part of my initiative to provide access to important court decisions impacting employees in an easy to understand conversational format using AI. The speakers in the episode are AI generated and frankly sound great to listen to. Enjoy!

    Can a single voice challenge the might of corporate inertia and change the course of workplace culture? Step into the gripping story of Renee Mihalik as she confronts gender discrimination and retaliation in the daunting corridors of Credit Agricole Cheuvreux North America, Inc. Explore how she navigated a hostile environment described as a "boys club" and sought justice under the New York City Human Rights Law, facing initial legal setbacks. Through the lens of her case, we consider the broader implications for employees fighting against discrimination and what legal frameworks offer them protection.

    This episode provides a critical examination of the intersection between corporate responsibility and employee rights, urging a reassessment of how workplaces can evolve to be more inclusive. We discuss the crucial role of robust anti-discrimination policies, effective training, and diverse leadership structures in crafting respectful work environments. By addressing the potential impact of technology on workplace dynamics, we encourage listeners to actively participate in the pursuit of equality. Join us on this enlightening journey, as we explore how each individual can become an agent of change and push the bounds of corporate culture toward a more equitable future.

    Show Notes:

    Copy of Court of Appeals Decision
    Copy of District Court Decision
    Copy of the original complaint filed by Renee Mihalik in state court

    If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

    For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

    Disclaimer: For educational use only, not intended to be legal advice.

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    18 mins
  • Share Your Story With Mark: Turning Employment Stories into Empowerment
    Jan 22 2025

    Comment on the Show by Sending Mark a Text Message.

    This episode focuses on inviting listeners to share their personal work stories anonymously, aiming to highlight the importance of employee experiences in understanding employment law. You can share your confidential story with Mark by sending him an email to mcarey@capclaw.com. By discussing the potential impact of sharing these stories on workplace dynamics, Mark encourages collective empowerment to reclaim employee rights.

    • Invitation to share anonymous employee stories
    • Importance of accessible employment law discussions
    • Anonymity and confidentiality in story sharing
    • Learning from peers’ experiences and patterns
    • Addressing the current loss of employee power
    • Empowering a community of informed employees

    Send Mark your story via email to mcarey@capclaw.com. Your personal information will not be shared in the podcast episode if your story is chosen to be aired. The names of coworkers and the company will also not be shared in the episode.

    If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

    For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

    Disclaimer: For educational use only, not intended to be legal advice.

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    18 mins
  • Murray v. UBS Securities LLC: Supreme Court decision on Whistleblowing under SOX
    Dec 16 2024

    Comment on the Show by Sending Mark a Text Message.

    This episode is part of my initiative to provide access to important court decisions impacting employees in an easy to understand conversational format using AI. The speakers in the episode are AI generated and frankly sound great to listen to. Enjoy!

    Are whistleblowers the unsung heroes of corporate accountability? In our latest episode, we promise to unravel the transformative impact of the Supreme Court's decision in Murray v UBS Securities LLC. This pivotal ruling from February 2024 marks a seismic shift, as whistleblowers no longer need to prove retaliatory intent under the Sarbanes-Oxley Act. We guide you through the implications of this landmark change, exploring how it empowers those who speak up against corporate fraud by only requiring proof that their whistleblowing was a contributing factor to negative treatment. Companies now face the challenge of proving their actions against whistleblowers are justified and unrelated, adding a new layer of accountability.

    We also have an engaging conversation about the broader repercussions on corporate culture. Discover why fostering environments where ethical behavior is celebrated and whistleblowers are valued as guardians of integrity is more crucial than ever. We offer practical advice for potential whistleblowers, from documenting misconduct to seeking expert legal guidance, while acknowledging the emotional and financial hurdles they might encounter. This episode underscores the need for organizations to genuinely embrace ethical practices, moving beyond mere legal compliance, and showcases the courage required for individuals to step into the spotlight despite potential risks. Join us in this essential dialogue about reshaping corporate ethics and accountability.

    If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

    For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

    Disclaimer: For educational use only, not intended to be legal advice.

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    25 mins
  • Algorithmic Bias in Hiring: The Case of Derek Mobley vs. Workday Inc
    Dec 13 2024

    Comment on the Show by Sending Mark a Text Message.

    This episode is part of my initiative to provide access to important court decisions impacting employees in an easy to understand conversational format using AI. The speakers in the episode are AI generated and frankly sound great to listen to. Enjoy!

    Can technology uphold fairness, or is it silently perpetuating bias? Discover the complex world of AI in the hiring process as we unravel the case of Derek Mobley versus Workday Inc. Mobley, a black man over 40 with mental health conditions, challenges the algorithms that he claims have unjustly barred him from over 100 job opportunities. Despite the court's decision not to categorize Workday as an employment agency, the episode prompts a pivotal discussion about the responsibilities HR tech companies might bear when their software influences employment outcomes. We grapple with the concept of disparate impact discrimination and what it means when unintentional practices result in a skewed playing field for protected groups.

    From the courtrooms to the broader tech landscape, the implications of this case ripple across the HR industry and beyond. We weigh the necessity for transparency, accountability, and fairness in algorithmic decision-making while acknowledging the delicate balance with innovation. Listen as we delve into the potential for increased scrutiny and regulation of HR tech companies, and encourage job seekers to critically engage with the data that drives these systems. Join us in exploring how technology shapes our employment landscape and what needs to change to ensure it does so equitably.

    If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

    For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

    Disclaimer: For educational use only, not intended to be legal advice.

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    18 mins
  • Well Known Employers Are Still Forcing Arbitration in Violation of EFAA in Sexual Harassment Cases
    Dec 11 2024

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    Uncover how some employers are still clinging to forced arbitration in sexual harassment cases, sidestepping federal prohibitions, and what that means for you. We'll break down the 2022 law signed by President Biden, aimed at eliminating forced arbitration, and celebrate the pivotal role Gretchen Carlson played in driving this reform. You'll learn about the legal challenges some big-name companies like Tesla and CVS have faced and gain a better understanding of the legal framework, including the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA).

    Join us as we navigate the evolving landscape of employment law, spotlighting the recent legal victories that empower employees, especially in hostile work environments. From landmark decisions to strategies for leveraging local laws with the help of employment attorneys, we'll equip you with the knowledge to tackle legal challenges head-on. Hear about key cases like Teyo Johnson's and gain insights on filing complaints, negotiating severance, and resisting forced arbitration's grip on valid claims.

    If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

    For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

    Disclaimer: For educational use only, not intended to be legal advice.

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    37 mins
  • Former NFL Player Teyo Johnson's Sexual Harassment Story, Forced Arbitration, and One Unbelievable CEO
    Dec 5 2024

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    This episode is part of my initiative to provide access to important court decisions impacting employees in an easy to understand conversational format using AI. The speakers in the episode are AI generated and frankly sound great to listen to. Enjoy!

    What if the future of workplace dynamics hinges on a single legal battle? This episode unpacks the groundbreaking case of former NFL player Teyo Johnson's lawsuit against EveryRealm and its CEO, Janine Yorio, centered around allegations of sexual harassment and a controversial "KYP game." As we navigate this complex legal landscape, we highlight the transformative Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which empowers employees to sidestep mandatory arbitration and take their claims to court. This pivotal shift could redefine how companies address workplace harassment, ushering in a new era of accountability and employee empowerment.

    We explore the significance of understanding employment contracts and the invaluable role of meticulous documentation when facing harassment or discrimination. Johnson's experience serves as a crucial reminder of the enduring importance of respect, fairness, and accountability, even in the rapidly evolving metaverse work environment. By examining how laws like Title VII and the New York City Human Rights Law are applied, this conversation sheds light on the evolving legal system that supports employees more than ever. Join us as we discuss how Johnson's case could reshape power dynamics in workplaces and encourage companies to take proactive steps against harassment.

    Click here to read the case decision in Teyo v. Everyrealm 22 civ 6669 (SDNY Oct. 6 2022).

    This episode involves the Johnson v. Everyrealm, Inc. case, where a former employee sued his employer and executives for race and pay discrimination, sexual harassment, and retaliation. The employer sought to compel arbitration based on an employment agreement, but the employee argued that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) of 2021 prevented this. The court ruled that the employee's sexual harassment claims, plausibly alleging unwanted gender-based conduct in New York City, were sufficient to invoke the EFAA. Consequently, the court denied the employer's motion to compel arbitration, allowing the entire case to proceed. The court's decision hinged on interpreting the EFAA's scope to encompass the entire case, not just the sexual harassment claims.

    If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

    For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

    Disclaimer: For educational use only, not intended to be legal advice.

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    13 mins
  • Patricia Olivieri's Big Win Against Stifel and Defeating Forced Arbitration in Sex Discrimination Cases.
    Dec 5 2024

    Comment on the Show by Sending Mark a Text Message.

    This episode is part of my initiative to provide access to important court decisions impacting employees in an easy to understand conversational format using AI. The speakers in the episode are AI generated and frankly sound great to listen to. Enjoy!

    What if a groundbreaking law could redefine how we handle sexual harassment claims in the workplace? Join us as we unravel the gripping case of Olivieri v. Stiefel, a corporate drama wrapped in legal intrigue and power struggles. Patricia Olivieri, a former client services associate, is not just fighting against alleged sexual harassment but is also challenging the constraints of her prior arbitration agreement, thanks to the new Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA). Discover how this pivotal legislation might enable her to bypass arbitration and take her allegations of misconduct and retaliation straight to court, setting a legal precedent that could impact corporate accountability across the nation.

    In this episode, we dive deep into the allegations against Olivieri's manager, Neil Eiler, whose inappropriate behavior pushed Olivieri to her limits. From graphic discussions to unwanted physical contact, her journey through reporting and retaliation reveals a complex narrative of workplace harassment. As Stiefel's internal investigation unfolds, led by HR's Zach Anderson, we explore the nuances of legal accrual and the implications of the EFAA on Olivieri's case, especially after her return from maternity leave. This episode promises to shed light on how these developments could transform workplace harassment litigation, exposing the tensions and tactics within corporate walls.

    Click here to read the case decision Olivieri v. Stifel, Nicolaus & Co. 112 F.4th 74 (2d Cir. 2024)

    The Second Circuit Court of Appeals affirmed a lower court's decision in Olivieri v. Stifel, rejecting the defendants' motion to compel arbitration. The case centers on whether the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) applies to the plaintiff's claims of retaliatory hostile work environment. The court determined that the plaintiff's claims, which accrued after the EFAA's enactment due to the continuing violation doctrine, fall under the EFAA's purview, thus rendering the arbitration agreement unenforceable. The court addressed and rejected arguments concerning the EFAA's retroactive application and the definition of "sexual harassment dispute." The ruling confirms the plaintiff's right to pursue her case in federal court.

    If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

    For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.

    Disclaimer: For educational use only, not intended to be legal advice.

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    15 mins