Labor and Employment attorney Daniel A. Schwartz was quoted in Business Insurance and Workforce Management regarding the Second Circuit's May 14, 2010, opinion in Cynthia M. Fincher vs. Depository Trust and Clearing Corp. .
In that decision, the U.S. Court of Appeals in New York ruled that "an employer's failure to investigate a discrimination complaint cannot itself be considered retaliation," the article noted. According to Dan, the decision is a "helpful guidepost" for employers because it shows the limits of a retaliation claim.