February 2019

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Tropical beach with palm trees and loungers Tropical beach with palm trees and loungers

In a recent decision, Wittmer v. Phillips 66 Company, 18-20251 (5th Cir. Feb. 6, 2019), the U.S. Court of Appeals for the Fifth Circuit held that Title VII of the Civil Rights Act of 1964’s prohibition on discrimination “because of … sex” does not protect against discrimination based on transgender status. In light of other…

Read More Fifth Circuit: Title VII Does Not Protect Against Transgender Discrimination
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Gothic Woolworth Building in Lower Manhattan Gothic Woolworth Building in Lower Manhattan

In Alvarado v. City of New York, 2019 NY Slip Op 00962 (App. Div. 1st Dept. Feb. 7, 2019), a personal injury case, the court unanimously affirmed the dismissal of plaintiff’s complaint. From the decision: Defendant made a prima facie showing of its entitlement to judgment as a matter of law, by submitting evidence that plaintiff…

Read More Basketball Injury Case Properly Dismissed
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Panoramic Manhattan skyline at sunrise Panoramic Manhattan skyline at sunrise

In Cubelo v. City of New York, 2019 NY Slip Op 00689 (App. Div. 1st Dept. Jan. 31, 2019), the court affirmed the dismissal of plaintiff’s discrimination and retaliation claims. Plaintiff – who was born in Spain – alleged that he was “passed over for several promotions in his employment as a civil engineer with…

Read More Court Affirms Dismissal of Engineer’s Discrimination and Retaliation Claims
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Smiling man with round glasses and bow tie Smiling man with round glasses and bow tie

In Akyar v. TD Bank US Holding Company, 18-CV-379, 2018 WL 4356734 (S.D.N.Y. 2018), the court (inter alia) dismissed plaintiff’s public accommodation discrimination claim under Title II of the Civil Rights Act of 1964. This decision turns on what venues qualify as “places of public accommodation” within the meaning of the statute. In sum, plaintiff alleged…

Read More Banks Are Not “Places of Public Accommodation” Within The Meaning of the Civil Rights Act of 1964, Court Holds
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Man wearing round glasses and striped bow tie Man wearing round glasses and striped bow tie

In Sims v Trustees of Columbia University, No. 156566/13, 8262, 2019 N.Y. Slip Op. 00672, 2019 WL 385366 (N.Y.A.D. 1 Dept., Jan. 31, 2019), the Appellate Division, First Department held that the lower court properly dismissed plaintiff’s discrimination and retaliation, but not plaintiff’s hostile work environment, claims. As to plaintiff’s hostile work environment claims, the court…

Read More “Bubbles” Chimp Hostile Work Environment Claim Resurrected From Summary Judgment Dismissal
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Person in navy suit and red bow tie Person in navy suit and red bow tie

I just saw the movie “The Green Book,” which chronicles the early 1960’s travels of musician Donald Shirley and his driver/bodyguard Tony Vallelonga. Throughout the movie, Mr. Shirley is subjected to blatant race discrimination (by, for example, not being allowed to eat in the same room as white patrons. The movie is set in 1962,…

Read More The “Green Book” and Public Accommodation Discrimination
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Yellow pedestrian crossing warning sign Yellow pedestrian crossing warning sign

In Clark v. Allen & Overy LLP, 2019 NY Slip Op 30146(U) ,Index No. 453138/2017 (Sup. Ct. NY Cty. Jan. 16, 2019) – an employment discrimination case including allegations of retaliatory discharge and sexual harassment (among many others) – the court dismissed, inter alia, dismissed plaintiff’s “breach of attorney client privilege” claim. Plaintiff claimed that “while working with…

Read More Court: No Cause of Action for “Breach of Attorney Client Privilege”
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Starbucks cup beside clear tip box Starbucks cup beside clear tip box

In Hobbs v. New York City Hous. Auth., 2019 NY Slip Op 00686 (App. Div. 1st Dept. Jan. 31, 2019) – a personal injury slip-and-fall case – the court unanimously affirmed the lower court’s denial of defendant’s motion for summary judgment. In this case, plaintiff alleges that they slipped on urine in an elevator in one of…

Read More Elevator Urine Slip/Fall Case Overcomes Summary Judgment
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