February 2018

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WARNING: unbalanced footnote start tag short code found.If this warning is irrelevant, please disable the syntax validation feature in the dashboard under General settings > Footnote start and end short codes > Check for balanced shortcodes.Unbalanced start tag short code found before:“The court also upheld the dismissal of plaintiff’s hostile work environment claims (as insufficiently…

Read More Teacher/Coach’s Age Discrimination, Retaliation Claims Survive Dismissal
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In a recently-filed lawsuit, captioned Lauren Bonner v. Point72 Asset Management, L.P., Steven A. Cohen, et al (SDNY 18-cv-1233 filed 2/12/18), plaintiff asserts, among other things, that defendant engaged in gender discrimination by, e.g., holding “no girls allowed” meetings and paying female employees “substantially less than their male counterparts.” She also alleges that the President…

Read More Gender Discrimination Lawsuit Against Point72 Asset Management, Steven Cohen
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The law is well-settled that in order to file a claim for employment discrimination under Title VII of the Civil Rights Act of 1964 in federal court, a plaintiff “must first pursue available administrative remedies and file a timely complaint with the [U.S. Equal Employment Opportunity Commission].” See 42 U.S.C. § 2000e–5(e) and (f). This…

Read More 2d Circuit: Defendant Has Burden on “Administrative Exhaustion” For Title VII Employment Discrimination Claims
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From Polite v. Khan Funds Management America, Inc., 2018 WL 894394 (S.D.N.Y. Feb. 5, 2018): Even assuming for purposes of this motion that KFMA is subject to Title VII, Plaintiff’s allegations still fail to state a claim for employment discrimination. Plaintiff has not alleged that his co-workers’ comments and behavior were either sufficiently pervasive or…

Read More Racially Hostile Work Environment Claim Dismissed; Humiliation, Teasing etc. Insufficient
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In Forman v. Henkin, 2018 NY Slip Op 01015 (N.Y. Ct. App. Feb. 13, 2018), a personal injury case, the New York Court of Appeals provided guidance on how courts should evaluate discovery requests for discovery of information from litigants’ social media accounts. Judge DiFiore wrote: [C]ourts addressing disputes over the scope of social media discovery should…

Read More NY Court of Appeals Outlines Standards for Social Media Discovery
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In Matthews v. Hewlett-Packard Company, 15-cv-3922, 2017 WL 6804075 (S.D.N.Y. Dec. 22, 2017), a race discrimination/hostile work environment/retaliation case, the court explained and applied the principles applicable to the admissibility of expert testimony – under FRE 702/Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) – as to emotional distress damages. In sum, the court…

Read More Court Precludes Expert Testimony on Emotional Distress in Race Discrimination Case
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In Pronk v. Standard Hotel, 2018 NY Slip Op 00903 (App. Div. 1st Dept. Feb. 8, 2018), the court affirmed the denial of defendants’ motion for summary judgment. In this personal injury / premises liability case, plaintiff sued after he cut his left foot on a glass candleholder while entering a spa pool in Le…

Read More Foot-Cut Premises Liability Suit Continues Against Standard Hotel
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In Reiter v. Maxi-Aids, Inc., 14-cv-3712, 2018 WL 557864 (E.D.N.Y. Jan. 19, 2018), the court, inter alia, upheld a jury’s determination that plaintiff was subject to “associational discrimination” under the Americans with Disabilities Act (ADA). In sum, defendant’s principal (Zaretsky) terminated plaintiff shortly after plaintiff advised Zaretsky about an issue concerning his daughter, Bailey, who…

Read More Father’s ADA Claim, Alleging Discrimination by Association With Suicidal Daughter, Jury Verdict Upheld
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In Giove v. City of New York, 15-cv-2998, 2018 WL 736008 (E.D.N.Y. Feb. 5, 2018), the court addressed whether sexual orientation discrimination and retaliation claims brought by a teacher were barred by collateral estoppel due to a prior finding at a hearing pursuant to NY Education Law § 3020-a. Under the facts of this case, the…

Read More Sexual Orientation Discrimination & Retaliation Claims Not Barred By Adverse 3020-a Hearing Determination
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