The New York City Council has proposed a Local Law was proposed “to amend the administrative code of the city of New York, in relation to prohibiting employers from inquiring about or relying on a prospective employee’s salary history.” From the summary: This bill would prohibit employers from inquiring about a prospective employee’s salary history during…
Read More Proposed Legislation Aims to Prohibit Salary History InquiriesIn Redfern-Wallace v. Buffalo News, Inc., No. 12-CV-471, 2016 WL 4361129 (W.D.N.Y. Aug. 16, 2016), the court adopted a Magistrate’s Report & Recommendation that defendants’ motions for summary judgment dismissing plaintiff’s discriminatory-discharge, hostile work environment, and retaliation claims be granted. As to plaintiff’s discriminatory-discharge claim, the court explained: Based on the undisputed facts, it is clear that…
Read More Crass Text Messages to Co-Worker, Not Discrimination, Were Reason For Termination; “Niagara”, “Chia Pet” Comments Did Not Constitute Hostile Work EnvironmentToday, in Vasquez v. Empress Ambulance Service, 15-3239-cv (2d Cir. Aug. 29, 2016), the Second Circuit – in an opinion authored by Judge Calabresi – vacated a lower court’s dismissal of plaintiff’s retaliation claim under Title VII, and explicitly held “that an employer may be held liable for an employee’s animus under a ‘cat’s paw’…
Read More Second Circuit Reinstates Retaliation Claim Based on “Cat’s Paw” TheoryThe Huffington Post reports that the woman who released worms and crickets on a NYC Subway on August 24, 2016, Zaida Pugh, said she did so as a prank. As can be seen on the video included in the article, the release of the creatures created pandemonium and caused people to scream in terror; apparently…
Read More Cricket Subway “Prank”: Intentional Infliction of Emotional Distress?In Rogers v. Bank of New York Mellon, No. 09 CIV. 8551 (HBP), 2016 WL 4362204 (S.D.N.Y. Aug. 15, 2016), the court granted in part and denied in part defendants’ motion for summary judgment on plaintiff’s various claims, including hostile work environment, sexual harassment, and race/color pay discrimination. As to her hostile work environment claim,…
Read More “Crazy Black Bitch” Comment Insufficient to Establish Hostile Work EnvironmentIn Pinkham v. West Elm, 2016 NY Slip Op 05899 (App. Div. 1st Dept. Aug. 25, 2016), a trip-and-fall personal injury case, the Appellate Division, First Department reversed a decision denying defendants’ motion for summary judgment. That is, plaintiff loses. From the decision: Defendants established entitlement to judgment as a matter of law in this action…
Read More Personal Injury (Premises Liability) Case Dismissed Against West ElmIn 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…
Read More Court Grants Motion to Compel Depositions of High-Ranking Government Officials in Sexual Harassment CaseIn a lawsuit filed on August 22, 2016, captioned Tantaros v. Fox News Network et al, Fox News co-host Andrea Tantaros alleges sexual harassment, retaliation, and tortious interference. Among other things, she claims that she suffered retaliation after complaining about Roger Ailes’ inappropriate conduct.
Read More Andrea Tantaros’ Sexual Harassment Lawsuit Against Fox News and Roger Ailes Alleges That Fox News Operates Like a “Sex-Fueled, Playboy Mansion-Like Cult, Steeped in Intimidation, Indecency, and Misogyny”In Brankov v. Hazzard, 2016 NY Slip Op 05778 (App. Div. 1st Dept. Aug. 11, 2016), an employment discrimination case, the court discussed and applied the “joint employer” doctrine to plaintiff’s claims under the New York State and City Human Rights Laws. It affirmed the lower court’s dismissal of plaintiff’s claims against two defendants, because the…
Read More Company Was Not Plaintiff’s “Joint Employer” Under the NY State and City Human Rights LawsIn Durick v. New York City Dep’t of Educ., No. 15 CIV. 7441 (BMC), 2016 WL 4385908 (E.D.N.Y. Aug. 17, 2016), the court held that plaintiff’s failure-to-accommodate-disability and constructive discharge claims under the Americans with Disabilities Act survived summary judgment. Failure to Accommodate As to plaintiff’s failure to accommodate claim, the court explained: In order…
Read More Parking Space Reasonable Accommodation (Disability) Claim Survives Summary Judgment