In Faughey v. New 56-79 IG Assoc., L.P., 2017 NY Slip Op 02608 (App. Div. 1st Dept. April 4, 2017), the court affirmed the dismissal of negligence claim against the owner and tenant arising from the murder of Kathryn P. Faughey by David Tarloff. From the decision: The motion court correctly dismissed the complaint. Even…
Read More Owner, Tenant Not Liable in Negligence Case Arising From Tarloff MurderIn Black v. Buffalo Meat Serv., Inc., No. 15CV49S, 2017 WL 1196469 (W.D.N.Y. Mar. 31, 2017) – a race/sex hostile work environment and constructive discharge case – the court ruled on the parties’ respective discovery motions. The facts, as summarized by the court: Plaintiff claims that defendants created a hostile work environment on the basis…
Read More Court Declines to Order Production of Plaintiff’s Tax Returns in Race/Sex Hostile Work Environment CaseIn Green v. Jacob & Co. Watches, Inc., No. 15 CIV. 3611 (PAC), 2017 WL 1208596 (S.D.N.Y. Mar. 31, 2017), the court held, inter alia, that plaintiff – an African American man who held the title of Director of Security for Jacob & Co. – plausibly alleged discrimination, hostile work environment, and retaliation claims under federal,…
Read More Citing “Monkey” Comment, SDNY Rules in Favor of Plaintiff in Race Discrimination & Hostile Work Environment Case Against Jacob & Co. WatchesIn Lebowitz v. N.Y. City Dep’t of Educ., No. 15-cv-2890, 2017 WL 1232472 (E.D.N.Y. Mar. 31, 2017), the court held that plaintiffs – former Sheepshead Bay High School math teachers – sufficiently alleged age discrimination under the Age Discrimination in Employment Act, the New York State Human Rights Law, and the New York City Human Rights…
Read More Math Teachers’ Age Discrimination Claims Partially Survive Motion to DismissIn Roy v. Buffalo Philharmonic Orchestra, 16-3064-cv (2d Cir. March 23, 2017) (Summary Order), the court affirmed the dismissal, on timeliness/failure-to-exhaust-remedies grounds, of plaintiff’s claims of discrimination, retaliation, and failure to accommodate in violation of the Americans with Disabilities Act. From the Order: We conclude that the district court properly dismissed Roy’s complaint on the ground that…
Read More Discrimination Claims Properly Dismissed For Failure to Timely File EEOC Charge; Equitable Tolling Not AppliedIn Grewal v. Cuneo Gilbert & LaDuca LLP, No. 13-CV-6836 (RA), 2017 WL 1215752 (S.D.N.Y. Mar. 31, 2017), the court denied defendants’ motion for summary judgment on the plaintiff’s breach of contract claim, but granted it as to her national origin-based hostile work environment claims. In this case, plaintiff – a lawyer of Indian national…
Read More Lawyer’s Breach of Contract Claim Survives Summary Judgment; National Origin Discrimination/Hostile Work Environment Claims DismissedIn Alvarado v. Nordstrom, Inc., No. 16-971-CV, 2017 WL 1175654 (2d Cir. Mar. 29, 2017) (Summary Order), the court vacated the district court’s dismissal of plaintiff’s retaliation claim under the NYC Human Rights Law. It affirmed its dismissal, however, of plaintiff’s race discrimination and hostile work environment claims (as well as his retaliation claims under federal…
Read More NYC Human Rights Law Retaliation Claim Survives Summary Judgment; Race Discrimination and Hostile Work Environment Claims Properly DismissedIn Hsueh v. N.Y. State Dep’t of Fin. Servs., No. 15 CIV. 3401 (PAC), 2017 WL 1194706 (S.D.N.Y. Mar. 31, 2017), the court imposed spoliation sanctions on a sexual harassment plaintiff arising from her deletion of a digital recording of a conversation with an HR representative. Initially, the court held that, while the recording constitutes “electronically…
Read More Court Imposes Sanctions on Sexual Harassment Plaintiff Who Deleted Audio RecordingIn Creacy v. BCBG Max Azria Grp., LLC, No. 14 CIV. 10008 (ER), 2017 WL 1216580 (S.D.N.Y. Mar. 31, 2017), the court denied defendant’s motion for summary judgment as to her hostile work environment and constructive discharge claims. In sum, plaintiff asserts that defendant subjected her to a racially hostile work environment, retaliated against her, and…
Read More Customer-Caused Race Discrimination/Hostile Work Environment Claims Survive Summary JudgmentThe U.S. Court of Appeals for the Seventh Circuit recently held, in Hively v. Ivy Tech Community College of Indiana (No. 15-1720) (April 4, 2017), that discrimination because of sexual orientation is discrimination based on “sex” in violation of Title VII. From the opinion: Title VII of the Civil Rights Act of 1964 makes it…
Read More 7th Circuit: Sexual Orientation Discrimination is “Sex” Discrimination Under Title VII