September 2019

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In Brown v. Montefiore Medical Center et al, 15-cv-724, 2019 WL 4738911 (S.D.N.Y. Sept. 29, 2019) – a race discrimination case – the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s race discrimination claim asserted under Title VII of the Civil Rights Act of 1964. In sum, plaintiff, a nursing attendant who…

Read More Race Discrimination Case Survives Summary Judgment; Jury Question Existed as to Whether Allegedly Biased Supervisor Played “Meaningful Role” in Plaintiff’s Termination
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The New York City Commission on Human Rights recently issued a document titled “Legal Enforcement Guidance on Discrimination on the Basis of Immigration Status and National Origin“. It begins by summarizing and outlining the contributions that immigrants has made to New York City: Approximately 3.2 million New York City residents were born outside of the…

Read More NYC Commission on Human Rights Issues Enforcement Guidance on Immigration Status and National Origin Discrimination
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In Matter of Rohde (Goshen Chamber of Commerce, Inc.–Commissioner of Labor), 2019 NY Slip Op 06681 (App. Div. 3d Dept. Sept. 19, 2019), the court affirmed the denial of unemployment benefits, on the ground that the claimant did not establish “good cause” for resigning. Here are the facts, as summarized by the court: Claimant, an…

Read More Resignation Without Good Cause, Notwithstanding Harassment & Hostile Work Environment Allegations, Justified Denial of Unemployment Benefits, Court Holds
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In a recent decision, Kelleher v. Fred A. Cook, Inc., 18‐2385, 2019 WL 4616715, the Second Circuit held that plaintiff sufficiently alleged a claim for “associational discrimination” under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (ADA), and vacated the lower court’s decision dismissing the complaint. Here, Plaintiff alleged that he was…

Read More 2d Circuit Overturns Dismissal of ADA “Associational” Disability Discrimination Claim
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In Ruiz et al v. New Avon LLC, 18-CV-9033, 2019 WL 4601847 (S.D.N.Y. Sept. 22, 2019), the court, inter alia, dismissed a plaintiff’s pregnancy discrimination (hostile work environment) claim upon application of the “continuing violation” doctrine. Initially, the court dismissed plaintiff’s discrimination claims, based on discrete acts, as time-barred. Nevertheless, Judge Broderick continued: However, I…

Read More Pregnancy Discrimination / Hostile Work Environment Claim Survives Dismissal Under the “Continuing Violation” Doctrine
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In Edo v. Antika Pizzeria Astoria, Inc., 15-cv-5605, 2019 WL 4602799 (E.D.N.Y. Sept. 23, 2019), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claim, finding that it was not administratively exhausted at the U.S. Equal Employment Opportunity Commission (EEOC). From the decision: The court agrees with defendant’s argument that plaintiff’s hostile work environment…

Read More Hostile Work Environment Claim, Not Asserted at the EEOC, Dismissed
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In Doe v. Bloomberg, L.P. et al, 2019 WL 4605568 (N.Y. App. Div. 1st Dept. Sept. 24, 2019), the First Department addressed the issue of “when an individual owner or officer of a corporate employer may be held strictly liable as an employer under the New York City Human Rights Law”, specifically, Administrative Code of…

Read More First Department Clarifies Standard for Individual Liability Under the NYCHRL
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In Coleman v. Time Capital Securities Corp., No. 13-17883, 2019 WL 4492880, 2019 N.Y. Slip Op. 32721(U) (N.Y. Sup Ct, Suffolk Cty. Sep. 10, 2019), the court, inter alia, dismissed plaintiff’s disability-based hostile work environment claim, asserted under the New York State Human Rights Law. Generally, explained the court, “[t]o establish a hostile work environment…

Read More Disability-Based Hostile Work Environment Claim Dismissed
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In Williams v. Classic Security et al, 2019 WL 4511953 (S.D.N.Y. Sept. 19, 2019), the court, inter alia, dismissed plaintiff’s employment discrimination claims. Plaintiff asserts claims under Title VII, the ADEA, and 42 U.S.C. 1981, which are all subject to the burden-shifting framework set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973).…

Read More Dismissal of Race Discrimination Case, and a Pleading Tutorial
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In Mable v. 384 East Associates, LLC, 2019 NY Slip Op 06442, 2019 WL 4146514 (App. Div. 1st Dept. Sept. 3, 2019) – an elevator accident case – the court reversed a grant of summary judgment for defendant. In this case, plaintiff asserts that he was injured when an elevator door closed on his right…

Read More Elevator Personal Injury Case Survives Summary Judgment
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