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Today is Martin Luther King Jr. Day, a federal holiday honoring the life and work of one of the greatest civil rights activists to ever have lived. In his speech (excerpt below), Dr. King states: You are doing many things here in this struggle. You are demanding that this city will respect the dignity of…
Read More Dr. Martin Luther King Jr. on the “Dignity of Labor”
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In Watson v. Emblem Health Servs., 2018 NY Slip Op 00123 (App. Div. 1st Dept. Jan. 9, 2018), the court reversed a lower court’s decision granting defendant’s motion for summary judgment on plaintiff’s disability discrimination claim under the New York City Human Rights Law. In sum, plaintiff’s claims arose from defendant’s refusal to reinstate plaintiff and…
Read More Disability Discrimination Claim Survives Summary Judgment Under the NYC Human Rights Law
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From SHANEIS MARDIA GARCIA, Plaintiff, v. KINGS COUNTY HOSPITAL CENTER and MELISSA WALTERS, Defendants., 2018 WL 389212, at *6 (S.D.N.Y., 2018): Plaintiff’s discrimination claim arising from Walters’ conduct fails because she does not allege that Walters was motivated in any way by her schizophrenia. Throughout her complaint and opposition memorandum, Plaintiff describes numerous times when Walters…
Read More ADA Disability Discrimination Claim Dismissed; No Allegation That Alleged Mistreatment Was Motivated by Plaintiff’s Schizophrenia
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In Suarez v. Mosaic Sales Solutions US Operating Co., LLC, 2018 WL 357540 (2d Cir. 17-2344 Jan. 11, 2018), the Second Circuit affirmed the dismissal of plaintiff’s claim under the New York City Fair Chance Act, N.Y.C. Admin. Code § 8-107(11)(a), based on defendant’s failure to follow certain procedures before rescinding plaintiff’s job offer after discovering,…
Read More 2d Circuit Affirms Dismissal of NYC Fair Chance Act Claim; Amount-in-Controversy Element Not Satisfied
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In Chandler v. Houghton Mifflin Harcourt Publishing Co. et al, 2018 WL 357294 (N.D.N.Y. Jan. 10, 2018), the court dismissed plaintiff’s claims of, inter alia, sexual harassment. In an attempt to evade dismissal, plaintiff argued that the terms of the Separation Agreement and Release she executed “have been invalidated due to the actions of Defendant”…
Read More Sexual Harassment Claims Dismissed in Light of Settlement Agreement and General Release; Defendant’s Actions Did Not Violate “One Sided” Confidentiality and Non-Disparagement Provisions
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In Hernandez v. Encuentro Restaurant, 2018 WL 343905 (N.Y.Sup. Ct. Index 153385/2017, Jan. 9, 2018) – a sexual harassment, hostile work environment, and employment discrimination case – the court denied defendants’ motion to dismiss on the grounds of failure to state a claim, “forum non conveniens”, and improper venue. Failure to State a Claim Initially,…
Read More Sexual Harassment Case Survives Dismissal on Venue, Forum Non Conveniens Grounds
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In Singa v. Corizon Health, Inc., 2018 WL 324884 (E.D.N.Y. Jan. 8, 2018), the court, inter alia, dismissed plaintiff’s hostile work environment and discrimination (based on national origin) and retaliation claims under Title VII of the Civil Rights Law of 1964 and the New York State Human Rights Law. Among other claims, plaintiff asserted, inter…
Read More Hostile Work Environment Claims Dismissed; Rudeness Insufficient
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In Jarrett v. Manhattan and Bronx Surface Transportation Operating Authority, 2017 N.Y. Slip Op. 32701(U), 2017 WL 6610409 (N.Y. Sup. Ct. N.Y. Cty., 150116/2017 Dec. 18, 2017) (J. Sokoloff), the court explained and applied the “continuing violation doctrine” in the context of plaintiff’s employment discrimination claims under the New York State and City Human Rights…
Read More Court Finds “Continuing Violation Doctrine” Inapplicable to Complaint’s NYS and NYC Human Rights Law Claims
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From Jones v. New York City Hous. Auth., 2018 NY Slip Op 00027 (App. Div. 1st Dept. Jan. 2, 2018): Defendant established its prima facie entitlement to judgment as a matter of law in this action where plaintiff was injured when he slipped and fell on ice. Defendant submitted evidence, including the testimony of its supervisor of…
Read More Ice Slip/Fall Case Survives Summary Judgment
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In Hunt v. Con Edison Co. N.Y.C., 16-CV-0677, 2017 WL 6759409 (E.D.N.Y., 2017), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s failure-to-promote race discrimination claim under Title VII of the Civil Rights Act of 1964.[1]The court also, inter alia, dismissed plaintiff’s retaliation claims. The court summarized the basic legal framework: To establish a…
Read More Failure-to-Promote Race Discrimination Claim Survives Dismissal