2018

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In Basso v. EarthLink, Inc., 2018 NY Slip Op 00030 (App. Div. 1st Dept. Jan. 2, 2018), the court affirmed summary judgment in defendants’ favor on plaintiff’s claims of gender and age discrimination under the New York State and City Human Rights Laws. From the decision: Plaintiff carried her “de minimis burden” of showing a prima…

Read More Age/Gender Discrimination Claims Properly Dismissed; Pretext Not Shown
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In Murray v. Cerebral Palsy Associations of New York et al, 16-cv-662, 2018 WL 264112 (S.D.N.Y. Jan. 2, 2018), the court, inter alia, dismissed plaintiff’s claim that he was discriminated against based on his post-traumatic stress disorder (PTSD), in violation of the Americans with Disabilities Act (ADA).[1]The court also dismissed plaintiff’s hostile work environment and…

Read More PTSD-Disability Discrimination Claim Dismissed, Absent Evidence That Decisionmakers Knew of Plaintiff’s Condition
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Buried within the Tax Cuts and Jobs Act (signed into law on Dec. 22, 2017) is a provision, at Sec. 13307, titled “Denial of Deduction for Settlements Subject to Nondisclosure Agreements Paid in Connection With Sexual Harassment or Sexual Abuse”. This section amends Internal Revenue Code (26 U.S.C.) 162 by adding a new section, section 162(q),…

Read More Sexual Harassment Settlements Affected By New Tax Law
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In Ortegas v. G4S Secure Solutions (USA) Inc., 2017 NY Slip Op 09262 (App. Div. 1st Dept. Dec. 28, 2017), the court affirmed the dismissal, under CPLR 3211(a)(1), of plaintiff’s discrimination claims as time-barred. The court explained: Plaintiff’s employment application “utterly refutes” her discrimination claims and conclusively establishes defendants’ defense as a matter of law……

Read More Employment Discrimination Claim Time-Barred; Employment Application Limited Statute of Limitations to Six Months
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In Phillips v. City of New York, 2017 WL 6619152 (E.D.N.Y. Dec. 27, 2017), the court held (inter alia) that the plaintiff – an African American woman who formerly held the position of head of the NYC Fire Department’s Equal Employment Opportunity Office – supplied enough information to the court to survive summary judgment on her…

Read More FDNY EEO Head’s Race Discrimination Claim Survives Summary Judgment, Notwithstanding Comparator Dissimilarities
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