September 2016

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In Rodriguez v. City of New York, 2016 NY Slip Op 05943 (App. Div. 1st Dept. Sept. 1, 2016), the court held that a plaintiff moving for summary judgment on liability must demonstrate, as a matter of law, that s/he is free from comparative fault. From the decision: In this case, we are revisiting a vexing…

Read More First Department: Personal Injury Plaintiff Must Show Freedom From Comparative Fault in Order to Win Summary Judgment on Liability
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One type of disability discrimination claim recognized by the anti-discrimination laws is a so-called “failure to accommodate” claim. This article is meant to give an overview of general principles applicable; it is not intended to cover all aspects of the law on this topic. In order to establish a failure to accommodate claim under the…

Read More The “Failure to Accommodate Disability” Cause of Action
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In employment discrimination law, the so-called “same actor inference” holds that “[w]hen the person who made the decision to fire was the same person who made the decision to hire, it is difficult to impute to [him] an invidious motivation that would be inconsistent with the decision to hire.” Orellana v. Reiss Wholesale Hardware Co., No.…

Read More The “Same Actor Inference” in Employment Discrimination Law
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In Gravano v. Take-Two Interactive Software, Inc., 2016 NY Slip Op 05942 (App. Div. 1st Dept. Sept. 1, 2016), the court held that the claims asserted by plaintiffs Lindsay Lohan and Karen Gravano against the makers of the “Grand Theft Auto V” video game under New York Civil Rights Law § 51 should have been dismissed. Ms.…

Read More Lindsay Lohan’s Civil Rights Action Based on “Grand Theft Auto” Game Dismissed
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Not every action taken by an employer against an employee is actionable under the anti-discrimination laws, even if the action is tied to a so-called protected characteristic. The dividing line between actionable and non-actionable conduct – for claims of retaliation or status-based discrimination – is the presence, or absence, of an “adverse employment action.” As…

Read More What is an “Adverse Employment Action”?
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A recent decision, Frazier v. City of New York Dep’t of Correction, No. 14-CV-1224 (KAM)(PK), 2016 WL 4444775 (E.D.N.Y. Aug. 23, 2016), addressed whether certain alleged actions were “adverse employment actions” sufficient to support a proposed complaint amendment to add a claim of retaliation. Initially, the court addressed the procedural issue of whether plaintiff should be…

Read More Court Rejects Motion to Amend Complaint to Add Retaliation Claim; Informal Reprimands Were Not “Adverse Employment Actions”
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In Miller v. Kendall, No. 14-CV-393, 2016 WL 4472748 (W.D.N.Y. Aug. 25, 2016), the court held that plaintiff plausibly alleged disability discrimination under the Americans with Disabilities Act. The court declined to adopt a Magistrate Judge’s Report and Recommendation to dismiss plaintiff’s ADA claim. This decision addresses the issue of what constitutes “essential functions” of one’s…

Read More State Trooper’s ADA Disability Discrimination Claim Survives Dismissal, Notwithstanding Doctor’s Note
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In Johnson v IAC/Interactive Corp., 2016 NY Slip Op 31520(U) (NY Sup. Ct. Index No. 155837 /14 Aug. 12, 2016), an employment discrimination case, the court evaluated the parties’ motions to compel discovery (per CPLR 3124) and for sanctions and/or evidence preclusion (per CPLR 3126). The court held, among other things, that plaintiff was entitled to…

Read More Court Orders Discovery Relating to Termination of Similarly-Situated Employees in Gender Discrimination Case
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A female partner at the law firm of Chadbourne & Parke LLP filed a Manhattan federal lawsuit (captioned Kerrie Campbell v. Chadbourne & Parke LLP et al, SDNY 16-cv-6832), which “seeks relief on behalf of herself and other female Partners who have been disparately underpaid, systematically shut out of Firm leadership, demoted, de-equitized and terminated.”

Read More Gender Discrimination Class-Action Lawsuit Against Chadbourne & Parke
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In Conforti v. Sunbelt Rentals, Inc., No. 15-cv-5045, 2016 WL 4288699 (E.D.N.Y. Aug. 15, 2016), the court held  that the Plaintiff “satisfied the minimal showing required at this motion to dismiss stage to plausibly allege that the Defendant’s decision to terminate her employment … was motivated at least in part by a discriminatory reason.” Judge Spatt…

Read More Replacement By Men, Sexist Comments, Etc. Among Facts That Plausibly Alleged Gender Discrimination
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