October 2016

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On August 25, 2016, the U.S. Equal Employment Opportunity Commission issued a document titled “EEOC Enforcement Guidance on Retaliation and Related Issues“. This document, among other things, outlines the elements of a retaliation cause of action under the statutes administered by the EEOC – including Title VII of the Civil Rights Act of 1964, the Age…

Read More EEOC Issues “Enforcement Guidance on Retaliation and Related Issues”
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In Mira v. Kingston, 15-cv-09989, 2016 WL 5867448 (S.D.N.Y. Oct. 3, 2016), the court considered, and denied, plaintiff’s motion to consolidate two employment discrimination actions. The court’s decision turned on the application of Rule 42(a) of the Federal Rules of Civil Procedure, which provides: “If actions before the court involve a common question of law…

Read More Court Denies Motion to Consolidate Two Unrelated Employment Discrimination Cases; “Discriminatory Conspiracy” Not Plausibly Alleged
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In Balleram v. 11P, LLC, 2016 NY Slip Op 06458 (App. Div. 1st Dept. Oct. 4, 2016), the court affirmed a lower court’s order granting summary judgment dismissing plaintiff’s complaint. Briefly, plaintiff sued to recover damages for personal injuries she allegedly sustained as a result of her slipping and falling while standing in her bathtub taking a…

Read More Court: No Statutory Duty to Install a “Handrail or Grab-Bar” in Apartment Bathroom
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In Pothen v. Stony Brook Univ., No. 13-cv-6170, 2016 WL 5716842 (E.D.N.Y. Sept. 30, 2016), the court granted in part and denied in part defendants’ motion to dismiss plaintiff’s discrimination and hostile work environment claims. As to plaintiff’s discrimination claims (based on adverse actions short of termination), the court explained: With respect to plaintiff’s claims…

Read More Plaintiff’s National Origin and Religion (Non-Termination) and Hostile Work Environment Claims Plausibly Alleged
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Today I become a member of a protected class. The Age Discrimination in Employment Act of 1967, codified at 29 U.S.C. 621, is a federal law that prohibits discrimination based on age. Specifically, it prohibits discrimination against “individuals who are at least 40 years of age.” As of today, this includes me. The ADEA makes it…

Read More The Age Discrimination in Employment Act Now Protects Me
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In Figueroa v. New York State Div. of Human Rights, No. 15-01941, 2016 WL 5509917 (N.Y. App. Div. Sept. 30, 2016), the court determined that the NYS Division of Human Rights correctly dismissed complaints alleging sexual harassment and retaliation. From the decision: [W]e agree with the District that substantial evidence supports the determination of the…

Read More Administrative Dismissal of Sexual Harassment and Retaliation Claims Upheld
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In Laboy v. Office Equip. & Supply Corp., No. 15-cv-3321, 2016 WL 5462976 (S.D.N.Y. Sept. 29, 2016), a race discrimination and unpaid wages lawsuit, the court entered judgment in plaintiff’s favor following defendants’ default. The facts, in sum/part, taken from plaintiff’s complaint: [Defendants Michael] Prince and [Steven] Maglio referred to Laboy and other dark skinned…

Read More Court Awards Damages, Including $25,000 for Emotional Distress, in N-Word Race Discrimination Case Upon Defendants’ Default
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In a recent Summary Order, Dunaway v. MPCC Corp. (2d Cir. Sept. 27, 2016), the Second Circuit affirmed the summary judgment dismissal of plaintiff’s age discrimination claim under the Age Discrimination in Employment Act. This decision teaches that asking age-related questions during a job interview is not, alone, necessarily sufficient to sustain a failure-to-hire discrimination claim.…

Read More Age-Related Comments During Job Interview Insufficient to Establish Failure-to-Hire ADEA Claim
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In Jackson v. Abrams, Fensterman, Fensterman, Flowers, Greenberg & Eisman, LLP, 2016 NY Slip Op 26300 (NYC Civil Ct. Kings Cty. Sept. 23, 2016), the court dismissed, on reconsideration, plaintiff’s claim that defendant was liable under the Family & Medical Leave Act (FMLA). Plaintiff, who worked as the personal chauffeur for Howard Fensterman, alleged that the…

Read More Law Firm Managing Partner’s Driver Held Exempt From FMLA Coverage
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In Spinelli v. City of New York, 13-cv-7112, 2016 WL 5476001 (S.D.N.Y. Sept. 29, 2016), the Court adopted a Magistrate’s Report & Recommendation to, among other things, deny defendants’ motion for summary judgment on plaintiff’s age discrimination claim under the New York State Human Rights Law. As to plaintiff’s prima facie case, the Court explained:…

Read More Age Discrimination Claim Survives Summary Judgment; Evidence Included Shifting of Responsibilities to Clerical Tasks and Ageist Remarks
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