2014

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In Chiaramonte v. The Animal Medical Center, the Southern District of New York recently held that plaintiff successfully pleaded – “by a very narrow margin” – claims under the federal Equal Pay Act and its New York equivalent. In this case, Plaintiff alleges in the Amended Complaint that she, in addition to serving as a…

Read More Female Veterinarian Plausibly Alleges Equal Pay Act Claims
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As explained by the Second Department in Cipriano v. City of New York, In a slip and fall case, a defendant may establish its prima facie entitlement to judgment as a matter of law by submitting evidence that the plaintiff cannot identify the cause of his or her fall. If a plaintiff is unable to…

Read More Second Department Clarifies That a Slip/Fall Plaintiff Need Not Have Personal Knowledge of Cause of Fall
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In a recently-filed complaint, five plaintiffs allege that they were subject to discrimination and a hostile work environment based on their race and disabilities while employed by Levy Premium Foodservice Limited Partnership, which provides food and catering services for Brooklyn Events Center, d/b/a Barclays Center. Plaintiffs (who are black) allege that defendants subjected plaintiffs to…

Read More Lawsuit Alleging Race and Disability Discrimination Against Barclays Center
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In Shafer v. The American University in Cairo, plaintiff – a tenure-track Assistant Professor – alleged that she was subjected to a hostile work environment, demoted, and discriminated against relative to tenure as a result of her identity as a white American Muslim woman, and then retaliated against for complaining about discrimination.  The court granted summary judgment to defendants…

Read More Retaliation, But Not Religious Discrimination, Claims Continue Against American University in Cairo
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According to a lawsuit filed earlier this year, the male executives at Archie Comics behaved more like Reggie Mantle than Archie Andrews. Plaintiffs – several female employees – allege that various male executives humiliated, harassed, bullied, and intimidated female employees because of their gender and their support of co-CEO Nancy Seiberkleit. They further allege that “Archie Comics is…

Read More Lawsuit Alleges Gender Discrimination, Hostile Work Environment, and Retaliation at Archie Comics
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In Giscombe v. New York City Dept. of Education, the Southern District of New York denied defendant’s motion for summary judgment on plaintiff’s retaliation claim under Title VII of the Civil Rights Act of 1964. Here’s plaintiff’s amended complaint. Plaintiff, a physical education teacher, claimed that the DOE re-opened an investigation into claims that he…

Read More NYC Gym Teacher’s Retaliation Claims, Following (Retracted) Allegations of Inappropriate Sexual Conduct Towards Students, Continues
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A recent Southern District of New York decision, Fitzgerald v Signature Flight Support Corp., 13 CV 4026 VB, 2014 WL 3887217 [SDNY Aug. 5, 2014], is illustrative of how a plaintiff may plausibly allege age discrimination under the Age Discrimination in Employment Act of 1967. There was no dispute that plaintiff satisfied the first three elements…

Read More Selective Enforcement of “Sleeping on the Job” Rules Plausibly Supports Age Discrimination Claim
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Here is the recently-filed complaint alleging race discrimination against People Magazine and others. Plaintiff, who worked as a Senior Editor at People, alleges that she was subjected to racially discriminatory comments and undermined, ignored, and ultimately fired because of her race. She also alleges the existence of an “openly espoused discriminatory worldview at People Magazine” that…

Read More Race Discrimination Lawsuit Against People Magazine
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In Biniachvili v. Yeshivat Shaare Torah, Inc., the Appellate Division, Second Department affirmed summary judgment for plaintiffs in their personal injury case due to the defendant’s disposal of a grate that allegedly caused injury. This, the court held, amounted to spoliation of evidence. The facts: On May 22, 2009, the infant plaintiffs …, along with approximately…

Read More Plaintiffs Awarded Summary Judgment Due to Evidence Spoliation in Personal Injury Case
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