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Owner, Tenant Not Liable in Negligence Case Arising From Tarloff Murder

April 15, 2017

In Faughey v. New 56-79 IG Assoc., L.P., 2017 NY Slip Op 02608 (App. Div. 1st Dept. April 4, 2017), the court affirmed the dismissal of negligence claim against the owner and tenant arising from the murder of Kathryn P. Faughey by David Tarloff. From the decision: The motion court correctly dismissed the complaint. Even […]

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Court Declines to Order Production of Plaintiff’s Tax Returns in Race/Sex Hostile Work Environment Case

April 14, 2017

In Black v. Buffalo Meat Serv., Inc., No. 15CV49S, 2017 WL 1196469 (W.D.N.Y. Mar. 31, 2017) – a race/sex hostile work environment and constructive discharge case – the court ruled on the parties’ respective discovery motions. The facts, as summarized by the court: Plaintiff claims that defendants created a hostile work environment on the basis […]

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Citing “Monkey” Comment, SDNY Rules in Favor of Plaintiff in Race Discrimination & Hostile Work Environment Case Against Jacob & Co. Watches

April 13, 2017

In Green v. Jacob & Co. Watches, Inc., No. 15 CIV. 3611 (PAC), 2017 WL 1208596 (S.D.N.Y. Mar. 31, 2017), the court held, inter alia, that plaintiff – an African American man who held the title of Director of Security for Jacob & Co. – plausibly alleged discrimination, hostile work environment, and retaliation claims under federal, […]

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Math Teachers’ Age Discrimination Claims Partially Survive Motion to Dismiss

April 12, 2017

In Lebowitz v. N.Y. City Dep’t of Educ., No. 15-cv-2890, 2017 WL 1232472 (E.D.N.Y. Mar. 31, 2017), the court held that plaintiffs – former Sheepshead Bay High School math teachers – sufficiently alleged age discrimination under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights […]

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Discrimination Claims Properly Dismissed For Failure to Timely File EEOC Charge; Equitable Tolling Not Applied

April 11, 2017

In Roy v. Buffalo Philharmonic Orchestra, 16-3064-cv (2d Cir. March 23, 2017) (Summary Order), the court affirmed the dismissal, on timeliness/failure-to-exhaust-remedies grounds, of plaintiff’s claims of discrimination, retaliation, and failure to accommodate in violation of the Americans with Disabilities Act. From the Order: We conclude that the district court properly dismissed Roy’s complaint on the ground that […]

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Lawyer’s Breach of Contract Claim Survives Summary Judgment; National Origin Discrimination/Hostile Work Environment Claims Dismissed

April 10, 2017

In Grewal v. Cuneo Gilbert & LaDuca LLP, No. 13-CV-6836 (RA), 2017 WL 1215752 (S.D.N.Y. Mar. 31, 2017), the court denied defendants’ motion for summary judgment on the plaintiff’s breach of contract claim, but granted it as to her national origin-based hostile work environment claims. In this case, plaintiff – a lawyer of Indian national […]

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NYC Human Rights Law Retaliation Claim Survives Summary Judgment; Race Discrimination and Hostile Work Environment Claims Properly Dismissed

April 9, 2017

In Alvarado v. Nordstrom, Inc., No. 16-971-CV, 2017 WL 1175654 (2d Cir. Mar. 29, 2017) (Summary Order), the court vacated the district court’s dismissal of plaintiff’s retaliation claim under the NYC Human Rights Law. It affirmed its dismissal, however, of plaintiff’s race discrimination and hostile work environment claims (as well as his retaliation claims under federal […]

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Court Imposes Sanctions on Sexual Harassment Plaintiff Who Deleted Audio Recording

April 8, 2017

In Hsueh v. N.Y. State Dep’t of Fin. Servs., No. 15 CIV. 3401 (PAC), 2017 WL 1194706 (S.D.N.Y. Mar. 31, 2017), the court imposed spoliation sanctions on a sexual harassment plaintiff arising from her deletion of a digital recording of a conversation with an HR representative. Initially, the court held that, while the recording constitutes “electronically […]

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Customer-Caused Race Discrimination/Hostile Work Environment Claims Survive Summary Judgment

April 7, 2017

In Creacy v. BCBG Max Azria Grp., LLC, No. 14 CIV. 10008 (ER), 2017 WL 1216580 (S.D.N.Y. Mar. 31, 2017), the court denied defendant’s motion for summary judgment as to her hostile work environment and constructive discharge claims. In sum, plaintiff asserts that defendant subjected her to a racially hostile work environment, retaliated against her, and […]

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7th Circuit: Sexual Orientation Discrimination is “Sex” Discrimination Under Title VII

April 6, 2017

The U.S. Court of Appeals for the Seventh Circuit recently held, in Hively v. Ivy Tech Community College of Indiana (No. 15-1720) (April 4, 2017), that discrimination because of sexual orientation is discrimination based on “sex” in violation of Title VII. From the opinion: Title VII of the Civil Rights Act of 1964 makes it […]

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