2015

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In a case decided today, Teran v. JetBlue Airways Corp., 2015 NY Slip Op 07546, 2015 WL 5971959 (App. Div. 1st Dept. Oct. 15, 2015), the Appellate Division, First Department reversed the lower court’s order granting summary judgment to defendant on plaintiff’s constructive discharge and retaliation claims under the New York City Human Rights Law.…

Read More Sexual Harassment Plaintiff’s Constructive Discharge and Retaliation Claims Survive Summary Judgment
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In Guess v. University of Rochester, 2015 WL 489137 (WDNY Aug. 17, 2015), the court dismissed plaintiff’s disability discrimination complaint under the Americans with Disabilities Act. Plaintiff worked as a radiologist, and suffered from a disability (a brain aneurism). She alleges that the defendant discriminated against her by failing to provide her reasonable accommodations and…

Read More Disability Discrimination Claim Dismissed; Plaintiff Posed a “Direct Threat”
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In Tomizawa v. ADT LLC, 13-CV-6366, 2015 WL 5772106 (E.D.N.Y. Sept. 29, 2015) (decision adopting Report & Recommendation), plaintiff alleged that his former employer discriminated against him and terminated his employment on the basis of his Japanese national origin, and that his supervisor retaliated against him for complaining of discrimination. From the (adopted) Report &…

Read More Court Dismisses “Accent-Related” National Origin Discrimination Claim
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The court’s decision in Varughese v. Mount Sinai Med. Ctr., No. 12 CIV. 8812 CM JCF, 2015 WL 1499618 (S.D.N.Y. Mar. 27, 2015) provides an example of what circumstances will not give rise to an actionable hostile work environment claim. From the decision: In the end, [d]etermining whether workplace harassment was severe or pervasive enough to be actionable…

Read More Court Dismisses Doctor’s Race, Sex-Based Hostile Work Environment Claims Against Mt. Sinai
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In a recently-filed lawsuit, captioned Termini v. B&A Pork Store Inc., Robert Brannigan, and James Brannigan (15-cv-5716, EDNY filed 10/2/5), plaintiff alleges that while employed by B&A Pork Store in Brooklyn, she was subjected to sexual harassment/hostile work environment and retaliation for rejecting sexual advances. She alleges that the store’s owner, “RB”, fired her because…

Read More Sexual Harassment Lawsuit Against Brooklyn Pork Store
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In Postell v. Rochester City Sch. Dist., No. 11-CV-6550L, 2015 WL 5882287 (W.D.N.Y. Oct. 8, 2015), the court denied defendants’ motion for summary judgment on plaintiff’s race discrimination claim under 42 USC 1981. Plaintiff, an African American school counselor for John Marshall High School, alleged (among other things) that the defendant subjected her to race…

Read More African American School Counselor Survives Summary Judgment on Race Discrimination and Retaliation Claims
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In Sosa v. Local Staff LLC (14-3704-cv), a Summary Order issued by the Second Circuit on Oct. 9, 2015, the court discussed what constitutes “protected activity” for purposes of asserting a retaliation claim under Title VII of the Civil Rights Act of 1964 and the NYC Human Rights Law (NYCHRL). In this employment discrimination case,…

Read More Complaint About “You’re So Street” Comment Was Not “Protected Activity”; Retaliation Claim Properly Dismissed
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In Tansey v. Coscia, 2015 NY Slip Op 31778(U) (Sup. Ct. Suffolk Cty., Sept. 21, 2015), the court denied the defendant bar’s motion for summary judgment on plaintiff’s Dram Shop Act and negligent supervision claims. In this personal injury case, the plaintiff alleged that he was assaulted by another patron, defendant Nicholas Coscia, while inside defendant’s…

Read More Dram Shop Act Claim, Arising From Bar Patron Assault, Survives Summary Judgment
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A recent Southern District decision, Villar v. City of New York, No. 09-CV-7400 DAB, 2015 WL 5707125 (S.D.N.Y. Sept. 29, 2015), illustrates how a plaintiff can overcome summary judgment on a gender discrimination claim by demonstrating that a defendant’s proffered legitimate, nondiscriminatory reason for the discriminatory act is a “pretext” for discrimination. Plaitniff, a Hispanic…

Read More Wrongful Termination Gender Discrimination Claim Against NYPD Survives Summary Judgment
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