The Second Circuit Just Opened a New Door for Organizations
Defending Education v. Croton-Harmon removes a fifty-year barrier that prevented membership organizations from bringing § 1983 claims on behalf of their members For...
Read More ›Author: Eric Sanders
Insights on Complex Legal Challenges
Strategic perspectives on civil rights, employment discrimination, sexual harassment, police misconduct, retaliation, and institutional accountability.
When Judges Become the Jury
McClarin v. City of New York, the “Reasonable Jury” Problem, and the Judicial Factfinding That Quietly Reshapes Civil-Rights Cases I. The Problem Is...
Read More ›
$780,000 More for Hair Testing: NYPD Keeps Paying for a Testing Regime the Federal Government Still Has Not Standardized
After decades of litigation, scientific challenges, a $2.6 million Boston settlement, and Boston’s own attempt to shift liability back to Psychemedics, NYPD is extending...
Read More ›
The Quiet Misapplication of New York’s Human Rights Laws
Krimsky v. WestRock exposes a recurring problem that litigants cannot afford to ignore: courts may acknowledge that the NYSHRL and NYCHRL are broader than...
Read More ›
The Law That Says Employers Must See the Victim, Not Just the Rule Violation
New York City law protects employees who are victims of domestic violence, sex offenses, or stalking—and requires employers to evaluate workplace conduct in context...
Read More ›
When Rank and Sex Collide: It Is Time for the NYPD to End Supervisor-Subordinate “Dealingships”
Executive Summary The New York City Police Department must adopt a strict, Department-wide policy prohibiting supervisory employees—uniformed and civilian—from initiating, pursuing, maintaining, or continuing...
Read More ›
NYSP Defended Its Discipline System to the EEOC. Now Its Own Records Are at Issue
FOR IMMEDIATE RELEASE Civil-Rights Lawsuit Alleges NYSP’s Own Investigative and Disciplinary Records Contradict Its Claim That the Process Was Neutral and Nondiscriminatory NEW...
Read More ›
The “Wrong” Victim
Why Courts, Employers, Investigators, and Lawyers Still Misread the Full Spectrum of Victim Responses to Sexual Abuse Executive Summary Legal professionals have been...
Read More ›
“I Don’t Want to Know What Happened”
Why Duch v. Jakubek Remains One of the Second Circuit’s Most Important Decisions on Purposeful Ignorance, Sexual Harassment, and the Employer’s Duty to Act...
Read More ›