Below is the complaint, captioned Lewis v. Sahara Plaza LLC d/b/a The Plaza Hotel et al (NY Sup. Ct. Bx Cty Index 27324 Aug. 8, 2017), in which several plaintiffs allege that they were subjected to sexual harassment while working for the defendant. Plaintiffs allege, among other things, that “many of its female employees are…
Read More Sexual Harassment Lawsuit Against Plaza HotelIn Bentivegna v. People’s United Bank, No. 214CV599ADSGRB, 2017 WL 3394601 (E.D.N.Y. Aug. 7, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s gender-based hostile work environment claims. The law: To establish a hostile work environment claim under federal and New York State law, a plaintiff must demonstrate that the conduct at issue…
Read More Sexual Harassment Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Sexually Inappropriate Comments and Belittling Plaintiff in Front of Male Co-WorkersIn Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court held that plaintiff sufficiently alleged a retaliation claim under the Americans with Disabilities Act (ADA).[1]I addressed this decision’s resolution of plaintiff’s hostile work environment and disability discrimination claims, respectively, here and here. Plaintiff worked as a…
Read More ADA Retaliation Claim Survives DismissalIn Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court dismissed plaintiff’s hostile work environment claim under the Americans with Disabilities Act (ADA). Plaintiff worked as a bus operator for the MTA Bus Company. After being diagnosed with a disc herniation, she requested a “reasonable accommodation”…
Read More ADA Hostile Work Environment Claim Dismissed; Yelling InsufficientIn Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court dismissed plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA), on the ground that plaintiff did not plausibly allege that she suffered a “disability” within the meaning of the statute.[1]The court also granted defendant’s…
Read More Court Dismisses ADA Disability Discrimination Claim; Complaint Did Not Plausibly Allege That Plaintiff’s Medical Condition Was a “Disability” Because it Did Not “Substantially Limit” a “Major Life Activity”In Stabler v. Congregation Emanu-El of the City of New York, No. 16 CIV. 9601 (RWS), 2017 WL 3268201 (S.D.N.Y. July 28, 2017), the court denied defendants’ motions to dismiss plaintiff’s claims of (e.g.) age discrimination, disability discrimination, and hostile work environment. Defendants based their motion to dismiss on the “ministerial exception”. The court summarized the…
Read More Hostile Work Environment And Other Claims Survive Dismissal on Basis of the “Ministerial Exception”In Lebron v. 142 S 9, LLC, 151 A.D.3d 835, 54 N.Y.S.3d 679, 680 (N.Y. App. Div. 2d Dept. June 14, 2017), the Second Department affirmed the lower court’s denial of defendant’s motion for summary judgment on plaintiff’s personal injury slip-and-fall case. Here, plaintiff alleged that she was injured when she slipped and fell on…
Read More Slip/Fall Plaintiff Survives Summary Judgment; Defendants Did Not Submit Evidence Regarding Specific CleaningIn Le v. New York State, No. 1:16-CV-1517, 2017 WL 3084414 (N.D.N.Y. July 18, 2017), the court discussed and applied the “continuing violation” doctrine/exception under Title VII of the Civil Rights Act of 1964. (I addressed other aspects of this case, including the court’s dismissal of plaintiff’s “perceived as Muslim” discrimination claim, here.) The court summarized…
Read More Court, Finding “Continuing Violation Doctrine” Inapplicable, Dismisses Title VII Discrimination Claims as Time BarredIn Sehgal v. www.nyairportsbus.com, Inc., 2017 NY Slip Op 05990 (App. Div. 2d Dept. Aug. 2, 2017) – a hit-in-the-rear car accident personal injury case – the court held that the trial court properly precluded the defendants from asking the injured plaintiff questions about his employment by the law firm representing him in the action and his…
Read More Cross-Examination of Personal Injury Plaintiff Regarding Employment and Doctor Referrals Properly LimitedIn Brooks v. City of Utica, No. 16-cv-1427, 2017 WL 3242273 (N.D.N.Y. July 28, 2017), the court ruled on claims asserted by plaintiff – a firefighter-paramedic and practicing Nazirite – of discrimination based on religion, retaliation, failure to accommodate religious beliefs, and hostile work environment. Plaintiff’s religious observance as a Nazirite required him to keep…
Read More Practicing Nazirite Sufficiently Alleges Religion-Based Hostile Work Environment Claim