In Cameron v. NYC Dept. of Education (S.D.N.Y. 15-cv-9900 Feb. 21, 2018), the court granted in part and denied in part defendants’ motion for summary judgment as to plaintiff’s pregnancy discrimination claims.
Read More Substitute Teacher’s Pregnancy Discrimination Claims Survive Summary Judgment (in Part)In Coello v. The Riese Organization Inc., 2018 WL 1051730 (N.Y.Sup.), 2-3, 2018 N.Y. Slip Op. 30309(U) (N.Y. Sup. Ct. Bx. Cty. jan. 5, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s claims of race discrimination, retaliation, and hostile work environment under the New York State and City Human Rights…
Read More Race Discrimination, Hostile Work Environment, and Retaliation Claims Continue Against The Riese OrganizationIn Zarda v. Altitude Express, Inc. (2d Cir. 15-3775 Feb. 26, 2018) (en banc), decided today by an en banc (i.e., full) Second Circuit panel, held that Title VII of the Civil Rights Act of 1964’s prohibition on discrimination “because of … sex” extends to sexual orientation. The court’s 69-page majority opinion aligns Second Circuit law with positions…
Read More 2d Circuit Holds, En Banc, That Title VII Prohibits Discrimination Based on Sexual OrientationIn Perez v. United Pharm USA Inc., 2018 NY Slip Op 30273(U) (Sup. Ct. Suffolk Cty. Dkt. No. 12-30974 Jan. 19, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment claims. The court summarized plaintiff’s evidence as follows: Plaintiff testified that during her period of employment she was constantly subjected…
Read More Sexual Harassment Claims Against United Pharm USA et al Survive Summary JudgmentIn Valente v Dave & Buster’s of N.Y., Inc. 2018 NY Slip Op 01089 (App. Div. 2d Dept. Feb. 14, 2018), the court affirmed the dismissal of plaintiff’s personal injury lawsuit, arising from an assault at a Dave & Buster’s restaurant. From the decision: On October 8, 2010, the plaintiff was stabbed while at a…
Read More Dave & Buster’s Stabbing Lawsuit Dismissal AffirmedFrom Abdelal v. Kelly, No. 17-1166, 2018 WL 992307 (2d Cir. Feb. 21, 2018) (Summary Order): The district court analyzed timeliness based solely on the IAB investigation that concluded on September 30, 2009. But Abdelal presented evidence of alleged harassment after that date. He contends that the Level II performance monitoring, which continued until September…
Read More Hostile Work Environment Claims Resurrected From Dismissal on Timeliness GroundsBelow is a copy of the federal court complaint, captioned Avery v. Le Bernardin, Inc. et al, SDNY 18-cv-00626 (filed Jan. 24, 2018), against restaurant Le Bernardin, Inc., Maguy Le Coze, and Eric Ripert. The complaint alleges, inter alia, that defendant failed to pay plaintiff lawful wages; that “Women at Le Bernardin are sexually harassed,…
Read More Sexual Harassment Lawsuit Against Le BernardinIn Lai v. Deiorio Foods, Inc., 15-CV-0195, 2018 WL 987258 (N.D.N.Y. Feb. 20, 2018), the court granted defendant’s motion for summary judgment on plaintiff’s claims of national origin discrimination and national origin-based hostile work environment. As to plaintiff’s discrimination claim, the court explained: Plaintiff alleges that Kucevic harbored bias against her. Exs. at 11–12. However,…
Read More Court Dismisses National Origin Discrimination, Hostile Work Environment Claims; No Basis to Infer Anti-Vietnamese AnimusIn Knight v. State University of New York at Stony Brook, 880 F.3d 636 (2d Cir. Jan. 29, 2018), the Second Circuit held that “a trial court does not commit error by submitting the question of whether the plaintiff was the defendant’s employee to the jury.” In this case, plaintiff (an African-American electrician) sued Defendant…
Read More 2d Circuit: Jury May Decide Whether Plaintiff Was an “Employee” or “Independent Contractor” in Title VII Retaliation SuitIn Dollinger v. New York State Insurance Fund, 2018 WL 832904 (2d Cir. Feb. 13, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim under the Americans with Disabilities Act. From the Order: The District Court also correctly dismissed Dollinger’s ADA hostile-work-environment claim. We have not yet…
Read More ADA Hostile Work Environment Claim Properly Dismissed; Most of Alleged Harassment Related to Plaintiff’s Sexual Orientation