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Governmental / Municipal Liability

In United States v. N.Y. City Dep’t of Educ., No. 16-cv-4291, 2017 WL 435940 (S.D.N.Y. Jan. 31, 2017), an employment (race) discrimination case asserted by New York City teachers, the court recommended that defendants’ motion to dismiss be granted and denied in part. The plaintiff-teachers alleged that the principal of Pan American International High School (PAIHS), […]

In a recently-filed lawsuit, captioned Andoos v. City of New York, et al (EDNY 17-cv-00378 filed 1/23/17), a Staten Island Ferry Assistant Captain asserts claims of sexual harassment, sex discrimination, and retaliation under Title VII, the NYS Human Rights Law, and the NYC Human Rights Law.

Here is the recently-filed lawsuit, captioned Springs v. City of New York et al (SDNY 17-cv-00451), in which a black firefighter alleges that he endured sexual hazing and race discrimination. Among other things, plaintiff alleges that one defendant told him “I don’t like you … blacks getting on the job this way. You don’t have good […]

In Croci v. Town of Haverstraw, No. 2015-01366, 2017 WL 99235 (N.Y. App. Div. 2d Dept. Jan. 11, 2017), a New York appellate court upheld the dismissal of plaintiff’s sexual harassment case. This decision is instructive on when an employer will be vicariously liable for sexual harassment under the New York State Human Rights Law. Here […]

In Scott-Robinson v. City of N.Y., No. 15-CV-09703 (NRB), 2016 WL 7378775 (S.D.N.Y. Dec. 15, 2016), the Southern District of New York (Judge Buchwald) dismissed plaintiff’s retaliation claim under the New York City Human Rights Law (NYCHRL), but held that she sufficiently alleged her failure-to-accommodate-disability claims against individual defendants. Plaintiff, a Child and Family Specialist […]

In Washington v. Borough of Manhattan Cmty. Coll., No. 16 CIV. 6168 (PAE), 2016 WL 7410717 (S.D.N.Y. Dec. 21, 2016), the Southern District of New York dismissed plaintiff’s claims under the New York State and City Human Rights Laws against the Borough of Manhattan Community College, since she did not comply with the notice of […]

In McFadden v. Cty. of Monroe, No. 14-2167, 2016 WL 7107468 (2d Cir. Dec. 6, 2016) (Summary Order), the court affirmed the dismissal of plaintiff’s race discrimination and retaliation claims under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964. Municipal Liability As to municipal liability, the court explained that […]

NYPD Officer Ann Cardenas, indicated, in an October 20, 2016 filing, that she has settled her sexual harassment lawsuit against defendants the City of New York, Sergeant David John, and Police Officer Angel Colon. The Daily News reports that the settlement amount is $535,000, allocated as $500,000 from the City, $20,000 from John, and $15,000 […]

In Olsen v. Suffolk County et al, 15-CV-4064, 2016 WL 5395846 (E.D.N.Y. Sept. 27, 2016), the court held, among other things, that plaintiff plausibly alleged hostile work environment sexual harassment. The court summarized plaintiff’s allegations, in part, as follows: On or about May 26, 2014, Plaintiff was eating dinner with coworkers outside the precinct and […]

In Boudouris v. Cty. of Nassau, No. 14-cv-6719, 2016 WL 4288645 (E.D.N.Y. Aug. 15, 2016), a sexual harassment and retaliation case, the court cited and applied the standard for deposing “high-ranking government officials.” In this case, plaintiff sought to take the depositions of two government officials: Nassau County Executive Edward P. Mangano and Nassau County Sheriff Michael […]