Today, April 8, is Equal Pay Day, which (according to the Huffington Post) marks “the number of extra days into 2014 the average woman has to work to earn as much as her male counterpart did in 2013.” President Obama also signed executive orders today addressing gender-based wage discrimination. The primary federal legislation addressing gender…
Read More Equal Pay DayHere is the state court complaint filed by Robert Esselborn against the Crosby Street Hotel and Chef Anthony Paris. Plaintiff claims that he was fired shortly after taking time off to care for his dying wife, in violation of the Family and Medical Leave Act of 1993.
Read More Robert Esselborn’s FMLA Complaint Against Crosby Street Hotel and Anthony ParisA recent decision, Jackson v. Abrams, Fensterman, Fensterman, Flowers, Greenberg & Eisman, LLP, addresses the question of who is an “employer” under the Family and Medical Leave Act, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff claims that the defendant law firm unlawfully terminated him as a chauffeur/driver after…
Read More Discrimination Plaintiff Raises Question of Fact as to Whether Law Firm Was His “Employer”In Rosario v. City of New York, a trip-and-fall case, the Appellate Division, First Department reversed the trial court’s denial of defendant’s motions for a directed verdict and/or judgment notwithstanding the verdict. “To impose liability on defendant City for a defective condition of a tree well, plaintiff must show that the municipality either received prior written…
Read More Citing Lack of Prior Written Notice, Court Dismisses Tree Well Trip-and-Fall CaseIn Godbolt v Verizon N.Y. Inc., the Appellate Division, First Department affirmed the dismissal of plaintiff’s claims that he was terminated from his employment on the basis of his race and past criminal convictions in violation of the New York State and City Human Rights Laws. “Defendant explained that it terminated plaintiff because he failed to…
Read More Court Holds That “Stray Remarks” Doctrine May Apply to Claims Brought Under the New York City Human Rights LawIn Luna v New York City Transit Authority, the Appellate Division, First Department reinstated a $1 million jury award for the plaintiff who was injured after falling on defendant NYCTA’s bus. The jury awarded plaintiff $500,000 for past pain and suffering and $500,000 for future pain and suffering over 34 years. The trial court (Supreme Court, Bronx…
Read More Court Reinstates $1 Million Jury Award for City Bus PassengerIn Joplin v. City of New York, the First Department unanimously reversed the trial court’s decision which granted defendants’ motion to renew plaintiff’s motion for partial summary judgment on the issue of liability and, upon renewal, denied plaintiff’s motion. Initially, the trial court “granted plaintiff’s motion based on the undisputed evidence that plaintiff’s car was stopped at…
Read More Trial Court Should Have Denied Defendant’s Renewal Motion in Rear-End Collision CaseIn Sanderson v. NY State Electric & Gas Corp., No. 13-1603-cv (2d Cir. Mar. 27, 2014) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s sex-based hostile work environment, disparate treatment, and retaliation claims. Plaintiff worked as a gas fitter for defendant. Initially, she worked on the day shift as the only woman of…
Read More “Snickering” and “Under the Breath” Comments Held Insufficient to Establish Hostile Work EnvironmentToday in Ferreyr v. Soros, a five-judge panel of the Appellate Division, First Department modified a trial court order, thereby dismissing all of plaintiff Adriana Ferreyr’s claims against her ex-boyfriend George Soros except for assault and battery. In her 2011 complaint, Mr. Ferreyr accused Mr. Soros of reneging on a promise to buy her an apartment and physically attacking…
Read More Court Dismisses All But Adriana Ferreyr’s Assault and Battery Claims Against George SorosIn Salemi v Gloria’s Tribeca Inc., the Appellate Division, First Department unanimously upheld a jury’s $1.6 million award – comprising $400,000 in compensatory (emotional distress) damages and $1.2 million in punitive damages – for lesbian chef Mirella Salemi. The court explained: The record evidence, which is extensive and corroborated by multiple witnesses, amply supports the jury’s…
Read More First Department Affirms $1.6 Million Award in Sexual Orientation Discrimination and Retaliation Case