February 2017

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In Lee v. Carolyn Colvin, Acting Comm’r of Soc. Sec., Defendant., No. 15 CIV. 1472 (KPF), 2017 WL 486944 (S.D.N.Y. Feb. 6, 2017), the court held that plaintiff – a federal employee – sufficiently alleged a retaliation claim under the Rehabilitation Act.[1]The court dismissed several of plaintiff’s other claims, including those for hostile work environment…

Read More Plaintiff States Retaliation Claim Under Rehabilitation Act; Alleged Adverse Actions Include Transfer to Broken Desk and Failure to Promote
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In Schwarz v. Consolidated Edison, Inc., 2017 NY Slip Op 00927 (App. Div. 1st Dept. Feb. 7, 2017), the First Department affirmed the lower court’s dismissal of plaintiff’s employment discrimination complaint. In this case, plaintiff “alleges that defendant Consolidated Edison, Inc. [] denied him employment based on his 2002 perjury conviction, and prior assault-related convictions, which subsequently were…

Read More First Department Affirms Dismissal of “Conviction Discrimination” Claim By Former NYPD Officer Involved in Abner Louima Case
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In United States v. N.Y. City Dep’t of Educ., No. 16-cv-4291, 2017 WL 435940 (S.D.N.Y. Jan. 31, 2017), an employment (race) discrimination case asserted by New York City teachers, the court recommended that defendants’ motion to dismiss be granted and denied in part. The plaintiff-teachers alleged that the principal of Pan American International High School (PAIHS),…

Read More Court Cites and Applies the Doctrine of “Constructive Involuntary Transfer” in Teachers’ Race Discrimination Case Against the New York City Department of Education
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In Jacobs v. Tannenbaum Helpern Syracuse & Hirschrit, 15-cv-10100, 2017 WL 432803 (S.D.N.Y. Jan. 30, 2017), the court dismissed plaintiff’s employment discrimination action. Plaintiff, a 72 year-old Episcopalian contract law partner, alleged that he was treated unfairly (i.e. subject to unlawful discrimination) based on his religion (under Title VII of the Civil Rights Act of…

Read More Court Dismisses Contract Law Firm Partner’s Religious & Age Discrimination Claims
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In Underwood v. Roswell Park Cancer Inst., No. 15-CV-684-FPG, 2017 WL 131740 (W.D.N.Y. Jan. 13, 2017), the court held that the plaintiff – an African American surgeon – plausibly alleged that he was subjected to a racially hostile work environment. “To state a claim for a racially hostile work environment, a plaintiff must plead facts…

Read More African American Surgeon Plausibly Alleges a Racially Hostile Work Environment
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In Yeger v. Inst. of Culinary Educ., Inc., No. 14CV8202-LTS, 2017 WL 377936 (S.D.N.Y. Jan. 25, 2017), the court dismissed plaintiff’s gender discrimination claims.[1]I wrote about the court’s discussion/analysis of the plaintiff’s FMLA retaliation claim here. This decision illustrates that even evidence of arguably disrespectful conduct/language directed at women – including, as here, the use of…

Read More Citing “Stray Remarks” Doctrine, Court Dismisses Gender Discrimination Claims
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In Yeger v. Inst. of Culinary Educ., Inc., No. 14CV8202-LTS, 2017 WL 377936 (S.D.N.Y. Jan. 25, 2017), the court granted defendants’ motion for summary judgment as to various discrimination claims (including based on plaintiff’s gender, age, and religion), but denied it in part with respect to her FMLA retaliation claim. Here I’ll focus on the court’s…

Read More FMLA Retaliation Claim Survives Summary Judgment (In Part)
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