2018

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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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In a pro-employer, 5-4 decision issued today – Epic Systems Corp. v. Lewis, No. 16-285, 2018 WL 2292444 (U.S. 2018) – the U.S. Supreme Court held that mandatory arbitration agreements are enforceable under the Federal Arbitration Act, and that doing so does not violate the National Labor Relations Act (NLRA). From the Opinion (per Justice…

Read More SCOTUS Upholds Arbitration Agreements
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In ANNA WURTZBURGER, Plaintiff, v. EVERETT KORET, JERRY FLORY, JAMY FLORY, and FLORY CORP., Defendants., 16-cv-7897, 2018 WL 2209507, at *4 (S.D.N.Y. May 14, 2018), the court dismissed plaintiff’s failure-to-hire age discrimination claim under the Age Discrimination in Employment Act (ADEA). This case illustrates the importance of complying with that statute’s “administrative exhaustion” requirement. The law:…

Read More ADEA Claim Dismissed Due to Lack of Administrative Exhaustion
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In Persaud v. Walgreens Co., 2018 NY Slip Op 03555, 2018 WL 2224185 (N.Y.A.D. 2 Dept. May 16, 2018), the court summarized the legal standard applicable to claims under the NYC Human Rights Law: The NYCHRL prohibits discrimination in employment based upon, inter alia, race and national origin (see Administrative Code of City of N.Y.…

Read More Dismissal of NYCHRL Race, National Origin Discrimination Claims Affirmed
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In Cerio v. Carrington, 2018 NY Slip Op 03597 (App. Div. 1st Dept. May 17, 2018), a car accident case, the court unanimously affirmed the lower court’s grant of summary judgment to defendant City of New York. From the decision: Plaintiff was injured when defendant Carrington, an intoxicated driver, attempted to make an illegal u-turn and collided…

Read More Car Accident Case Dismissed Against City; No Prior Illegal U-Turns
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In Rasko v. N.Y.C. Admin. for Children’s Servs., 17-967 (2d Cir. May 17, 2018) (Summary Order), the court, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim. The court explained the legal requirements for such a claim: To establish a hostile work environment claim, a plaintiff must show, inter alia, that the workplace was…

Read More 2d Circuit: Hostile Work Environment Properly Dismissed; Rudeness, Noise, Throwing Papers Held Insufficient
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In Li v. Cushman & Wakefield, Inc., 2018 WL 2197603 (N.Y. Sup. Ct. N.Y. Cty. Index. No. 151813/2016, May 8, 2018), an employment discrimination case, the court denied plaintiff’s motion for a “special preference” on the trial calendar, pursuant to CPLR 3403(a)(3). The law: The granting of a special trial preference is an extraordinary remedy…

Read More Employment Discrimination Plaintiff Denied Trial Preference; Hardship Not Shown
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