2015

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Here is the recent decision in Barboza v. D’Agata, SDNY 13-cv-4067 (9/10/15) in which Judge Seibel ruled on the parties’ summary judgment motions. In this case, plaintiff alleged in his federal lawsuit that his arrest under (now unconstitutional) NY Penal Law § 240.30(1) for writing “fuck your shitty town bitches” on a speeding ticket payment form violated his constitutional…

Read More “Fuck Your Shitty Town Bitches” False Arrest/First Amendment Case Proceeds to Trial
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In Ingrassia v. Health & Hosp. Corp., No. 14 CV 1900 PKC, 2015 WL 5229444 (E.D.N.Y. Sept. 8, 2015), the Eastern District of New York held that plaintiff plausibly alleged claims of sexual harassment/hostile work environment, retaliation, and constructive discharge under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in…

Read More Hospital Worker Plausibly Alleges Hostile Work Environment/Sexual Harassment, Retaliation, and Constructive Discharge Claims
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In Rodriguez v. New York City Health & Hospitals Corp., No. 14 CIV. 4960 BMC, 2015 WL 5229850 (E.D.N.Y. Sept. 8, 2015), the Eastern District of New York granted defendant summary judgment on plaintiff’s sexual orientation discrimination and quid pro quo sexual harassment claims. In sum, plaintiff alleged that “he was denied employment by defendants…

Read More Hiring of Better-Qualified Candidate, Notwithstanding “Unprofessional and Coarse” Text Messages, Defeats Sexual Orientation Discrimination (Failure-to-Hire) Claim
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In Gordon v. City of New York, 14-545-cv (2d Cir. 2015), the Second Circuit affirmed, in a summary order, the dismissal of plaintiffs’ First Amendment retaliation and hostile work environment claims. The facts, as summarized by the court: While working as emergency medical technicians (“EMTs”) for the New York City Fire Department (“FDNY”), plaintiffs Tomeko…

Read More Second Circuit: No Hostile Work Environment Where Black Woman and White Male Were Subjected to Similar Treatment
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In Phillips v. Manhattan & Bronx Surface Transit Operating Auth., 15 N.Y.S.3d 331 (N.Y. App. Div. 2015), the Appellate Division, First Department  held that an arbitration award reinstating a sexual harassment offender (and union member) to his position pursuant to a Collective Bargaining Agreement was contrary to public policy. In sum, after a female bus…

Read More Sexual Harassment/Hostile Work Environment Offender Not Entitled to Reinstatement Under Collective Bargaining Agreement
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Here is the recently-filed lawsuit, Pantor v. City of New York and Green Key Resources (filed NY Cty. 9/9/15, Index # 159257/2015), in which plaintiff alleges that she was subjected to sexual harassment by her supervisor at the City of New York Office of the Actuary, and then retaliated against for rejecting his advances. Specifically,…

Read More Lawsuit Alleges Sexual Harassment at NYC Office of the Actuary
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From Gyabaah v Rivlab Transp. Corp., 2015 NY Slip Op 04741 [129 AD3d 447] (App. Div. 1st Dept. June 4, 2015): Plaintiff made a prima facie showing of her entitlement to judgment as a matter of law on the issue of liability by submitting her affidavit stating that the yellow school bus owned by defendant Rivlab Transportation Corp. struck…

Read More Pedestrian Gets Summary Judgment in Knockdown Case
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In Fox v. New York City Dep’t of Educ., No. 13-CV-3204 VEC, 2015 WL 4991878 (S.D.N.Y. Aug. 20, 2015), the court dismissed claims asserted by plaintiff – a former guidance counselor at P.S. 150 – of religious discrimination, race discrimination, age discrimination, hostile work environment, and sexual harassment. As to plaintiff’s religious discrimination claim, the court…

Read More Guidance Counselor’s Discrimination, Sexual Harassment Claims Dismissed
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In Vega v. Hempstead Union Free Sch. Dist., No. 14-2265-CV, 2015 WL 5127519 (2d Cir. Sept. 2, 2015), the Second Circuit held that plaintiff, a state employee, stated a claim for discrimination (based on his Hispanic ethnicity) and retaliation, and thus vacated the lower court’s order granting defendant’s motion for judgment on the pleadings under…

Read More Second Circuit Holds That Teacher Stated Discrimination and Retaliation Claims
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