May 2018

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In a recent (May 29, 2018) Petition for Writ of Certiorari, filed in Altitude Express, Inc. v. Zarda, the petitioner seeks to overturn the Second Circuit’s en banc decision holding that Title VII of the Civil Rights Act of 1964’s prohibition on discrimination based on “sex” also prohibits discrimination based on “sexual orientation.”

Read More Petition for Writ of Certiorari Asks SCOTUS to Overturn 2d Circuit En Banc Zarda Decision That Title VII Prohibits Discrimination Based on Sexual Orientation
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From Pierre v. FJC Security Services, 17-3257 (2d Cir. May 24, 2018) (Summary Order) Pierre sued FJC for sex discrimination and retaliation under Title VII of the Civil Rights Act of 1964. He alleged that his supervisors were romantically interested in his female coworker, who disliked him. As a result, they allegedly conspired against him…

Read More Second Circuit Affirms Dismissal of Gender Discrimination Case;
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A recent decision, Jackson v. Time Warner Cable Administration LLC, 2018 WL 2371024 (S.D.N.Y. 16-cv-8639 May 18, 2018), illustrates that the proper focus in an employment discrimination case is not whether an employer’s non-discriminatory explanation for the allegedly wrongful action is reliable or true, but rather what motivated the employer. In this case, defendant terminated…

Read More Employment Discrimination Case Against Time Warner Dismissed; Racial Motive Not Shown
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In Isbell et al v. City of New York, 2018 WL 2389075 (S.D.N.Y., May 25, 2018), the court (inter alia) denied defendants’ motion to dismiss plaintiffs’ claims under the NYC Human Rights Law (but granted their motion to dismiss plaintiffs’ discrimination claims under federal and state law). In so doing, the court highlights the relative…

Read More Discrimination Claims Survive Under the NYC Human Rights Law
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In Campbell v. national Fuel Gas Distribution Corporation (2d Cir. 17-1820 May 25, 2018) (Summary Order), the court affirmed the dismissal of plaintiff’s Title VII gender discrimination claim. Initially, the court rejected plaintiff’s attempt to establish discrimination by comparing herself to male co-workers: We affirm for substantially the same reasons given by the district court…

Read More 2d Circuit Affirms Dismissal of Gender Discrimination, Rejects “Cat’s Paw” Theory
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In Boliak v. Reilly, 2018 NY Slip Op 03745 (App. Div. 1st Dept. May 24, 2018), the court overturned the dismissal[1]Boliak v. Reilly, 2017 NY Slip Op 32010, Index No. 153941/2016, Judge Erika Edwards, Sept. 22, 2017. of plaintiff’s employment discrimination claims under the NYC Human Rights Law against Father Michael P. Reilly and others. From…

Read More Employment Discrimination Claims Reinstated Against Father Reilly et al
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In Javed v. Medgar Evers College, 17-3461-cv (2d Cir. May 25, 2018) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s order granting defendant’s motion to dismiss plaintiff’s Title VII employment discrimination claims. From the Order: Javed failed to identify any [timely] actions … that indicate even a whiff…

Read More 2d Circuit Affirms Dismissal of Title VII Employment Discrimination Claim; Clarifies That Pretext Need Not Be Alleged to Survive Motion to Dismiss
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Celebrities – they’re just like us! That is one take-away from a recent Eastern District of New York decision, Jones v. Trevor Tahiem Smith, Jr., a/k/a Busta Rhymes et al, 16-cv-2194, 2018 WL 2227990 (E.D.N.Y. May 14, 2018) (M.J. Levy). There, plaintiff sued Busta Rhymes and Starbus LLC, alleging “that, while employed by defendants as [Busta]’s…

Read More Court Declines to Adopt “Celebrity Exception” to Public Access to Settlement Agreement in Age Discrimination, Wage Lawsuit Against Busta Rhymes
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In a decision issued today, Knight First Amendment Institute at Columbia Univ. et al v. Donald Trump et al, 17-cv-5205 (S.D.N.Y. May 23, 2018), U.S. District Judge Naomi Reice Buchwald held that Donald Trump may not, consistent with the First Amendment, “block” Twitter users from his @realDonaldTrump Twitter account based on their political views. From…

Read More Trump Twitter Ban Violates the First Amendment, SDNY Judge Holds
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In Boncimino v. New York Unified Court System et al, 17-cv-6760, 2018 WL 2225004 (S.D.N.Y. May 15, 2018), the court held that plaintiff, a New York State Court Officer, plausibly alleged claims for retaliation under the Family and Medical Leave Act (FMLA) and New York City Human Rights Law (NYCHRL), as well as disability discrimination under the…

Read More Court Officer’s Disability Discrimination and Retaliation Claims Survive Dismissal
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