2016

by

In Yang v. Dep’t of Educ. of the City of New York, 2016 WL 4028131 (E.D.N.Y. July 26, 2016), the court denied defendant’s FRCP 12(b)(6) motion to dismiss plaintiff’s disparate treatment and hostile work environment claims based on her national origin (Chinese). As to plaintiff’s hostile work environment claim, the court explained: [T]he Court concludes…

Read More National Origin (Chinese) Disparate Treatment and Hostile Work Environment Claims Plausibly Alleged
Share This:
by

In a recently-filed lawsuit, captioned Thiery v. Slover & Co. et al (NY Sup. Ct NY Cty. Index # 156310/2016, filed July 28, 2016), plaintiff – who suffers from ADHD (attention deficit hyperactivity disorder) – alleges that she was subjected to discrimination based on her disability. She asserts that the company’s owners (defendants Rosemary Kuropat…

Read More ADHD Disability Discrimination Lawsuit
Share This:
by

I preface this by noting that this is not a political blog. That said, there are many reasons why I think Donald Trump should/must not be president. As a plaintiffs’ civil rights lawyer, the most glaring is his apparent mocking of a disabled reporter. It was cruel, unnecessary, and the opposite of presidential. Take a look: In the…

Read More On Donald Trump Mocking the Disabled
Share This:
by

In Richardson-Holness v. Alexander, No. 13-CV-2761 (NG), 2016 WL 4027978 (E.D.N.Y. July 26, 2016), the court denied in part defendant’s motion for summary judgment on plaintiff’s quid pro quo sexual harassment claim (with respect to certain alleged actions) and her hostile work environment claim. In sum, plaintiff (a probationary teacher) alleged “that defendant Michael A.…

Read More NYC Public School Teacher’s Quid Pro Quo Sexual Harassment and Hostile Work Environment Claims Survive Summary Judgment
Share This:
by

In Felmine v. Service Star, No. 13-cv-2641, 2016 WL 4005763 (E.D.N.Y. July 25, 2016), the court granted defendants’ summary judgment motion and dismissed plaintiff’s claims for (1) quid pro quo sexual harassment, (2) hostile work environment, (3) retaliation, and (4) disability discrimination. Plaintiff – a cargo handling agent – alleged that defendant “subjected him to…

Read More Court Dismisses Sexual Harassment Claims Based on Conduct of Non-Supervisory Co-Worker
Share This:
by

In Castro v. City of New York, No. 1036, 2016 WL 3919217(N.Y. App. Div. 1st Dept. July 21, 2016), the court held that a plaintiff asserting a claim under Civil Service Law § 75-b – the public-sector-employee whistleblower statute – is not required to file a notice of claim. That statute, as summarized by the court,…

Read More 1st Dept. Holds That Notice of Claim Requirement Does Not Apply to Civil-Service Whistleblower Retaliation Claims
Share This:
by

In Fullwood v. SDH Servs. W., LLC, No. 16-CV-1 (RA), 2016 WL 3951186 (S.D.N.Y. July 20, 2016), an employment discrimination/hostile work environment/sexual harassment case, the court granted defendants’ motion to change venue from the Southern District of New York to the Western District of New York. In this case, plaintiff contends that over the course…

Read More Go West, Ms. Plaintiff: Manhattan Federal Court Explains Decision to Transfer Discrimination Case to the Western District of New York
Share This:
by

In a lawsuit captioned Gonzalez v. Manhattan Auto Care et al (NY Sup. Ct. NY Cty. 156078/2016 filed July 21, 2016), plaintiff asserts various claims – including hostile work environment and quid pro quo sexual harassment, gender discrimination, and retaliation under the NYC Human Rights Law – against the defendants. Plaintiff alleges, inter alia, that the individual…

Read More Sexual Harassment Plaintiff Alleges Required Consumption of Alcohol, Sexual Comments, Attempted Touching
Share This: