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On July 4, 1776, 243 years ago today, the Declaration of Independence was ratified by Congress. This seminal document, equal if not greater in magnitude and significance to other great historical documents (e.g., the Magna Carta), represents the first formal statement by then subjects of the British Crown of the reasons for proclaiming their reasons…
Read More Happy 243rd Birthday, America
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In Borzon v. Green, et al., 18-2211 (2d Cir. July 2, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s race discrimination and retaliation claims under Title VII of the 1964 Civil Rights ACt of 1964. Plaintiff, who is white, alleged that shortly after his hiring, defendant was hired to serve as plaintiff’s…
Read More 2nd Circuit, Citing Negative Performance Reviews, Affirms Dismissal of White Plaintiff’s Title VII Discrimination and Retaliation Claims
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In Evarts v Pyro Engineering, No. 517394, 985 N.Y.S.2d 179, 181–82, 2014 N.Y. Slip Op. 02996, 2014 WL 1698366 (N.Y.A.D. 3 Dept., May 01, 2014), the court modified a lower court’s order and reversed the grant of summary judgment in defendants’ favor on plaintiff’s negligence cause of action arising from a fireworks-related injury. Here, the…
Read More Fireworks Injury Negligence Claim Survives Summary Judgment
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Title VII of the Civil Rights Act of 1964 prohibits discrimination because of (among other protected characteristics) race and color. A lesser-known federal law, 42 U.S.C. § 1981, as interpreted, also prohibits race discrimination in the making and enforcing of contracts (including the “at-will” employment relationship). While both prohibit race discrimination in employment, these federal…
Read More SCOTUS Grants Certiorari Petition to Review Causation Standard for Race Discrimination Claims Under 42 U.S.C. § 1981
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Today, June 30, 2019 (the last day of Pride Month), thousands (millions?) of people showed their pride by marching to celebrate LGBT rights. This has a special significance this year, which marks the 50th anniversary of the Stonewall Riots. While LGBT rights have advanced significantly since 1969 – including an amendment to the New York…
Read More NYC Celebrates LGBT Pride
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In Latif v. Morgan Stanley & Co. LLC, 2019 WL 2610985 (SDNY June 26, 2019), the court held that plaintiff’s claims of employment discrimination were subject to mandatory arbitration. In this case, plaintiff “alleges that, beginning in the fall of 2017, he became the target of, inter alia, inappropriate comments regarding his sexual orientation, inappropriate…
Read More Arbitration Compelled in Sexual Harassment Case, Notwithstanding New State Law
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In Matter of James v. New York City Dept. of Corr., 2019 NY Slip Op 31748(U), 158147/2018 (NY Sup. Ct. NY Cty. June 19, 2019), the court held that the petitioner, a corrections officer, failed to demonstrate that the Firearms Review Board’s denial of his application to carry a firearm was arbitrary and capricious and…
Read More Firearm Application Denial Not Discriminatory, Court Holds
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In Lord v. Marilyn Model Mgt., Inc., 2019 NY Slip Op 05093 (App. Div. 1st Dept. June 25, 2019), the court reversed the lower court’s dismissal of plaintiff’s claim for breach of contract arising from defendant’s failure to pay him severance. The facts, as summarized by the court: As alleged in the complaint, plaintiff was…
Read More Modeling Scout Sufficiently Alleges Claims Relating to Failure to Pay Severance, First Department Holds
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From Solomon v. Amazon.com, Inc. et al, 2019 WL 2601794 (E.D.N.Y., 2019): Solomon “seeks permission to amend his complaint to add counts of discrimination on account of gender in violation of Title VII of the Civil Rights Act of 1964, and of a denial to his right of access to a place of public accommodation…
Read More Whole Foods Customer Ban Upheld; Motion to Add Title II Gender-Based Public Accommodation Claim Denied on Ground of Futility
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In a recent complaint, captioned Torre et al v. Charter Communications, 19-cv-5708 and filed in the Southern District of New York,, plaintiffs assert gender and age discrimination under the New York State and City Human Rights Laws and the federal and New York Equal Pay laws.
Read More Gender/Age Discrimination Lawsuit Against Charter Communications / NY1