2019

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One prominent memory from my One-L torts class is the professor telling us “the railroad always wins.” This was his tongue-in-cheek summary of ancient cases we were studying which involved tort/negligence lawsuits by injured persons against railroads. The explanation for what seemed like overwhelmingly railroad-friendly results in these cases was that the perception of a…

Read More MTA Metro North Conductor’s FELA Claim, Arising From Alleged Passenger Assault, Survives Summary Judgment
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In Cruz v. G-Star Inc. et al, 17-CV-7685, 2019 WL 2521299 (S.D.N.Y. June 19, 2019), an employment discrimination case involving (inter alia) allegations of sexual harassment, the court imposed sanctions under Federal Rule of Civil Procedure 37(e) on defendants for engaging in spoliation of evidence (electronically-stored information, or ESI). From the decision: Here, the circumstances…

Read More Court Imposes Spoliation Sanctions in Sexual Harassment Case
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In Osuan v. City of New York et al, 2019 WL 2544866, at *4 (S.D.N.Y. June 20, 2019), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of retaliation under 42 U.S.C. 1981. From the decision: Here, Osuan lodged a complaint with human resources about Martin’s behavior and was terminated without explanation only…

Read More Section 1981 Retaliation Claim Sufficiently Alleged; Termination Two Weeks After HR Complaint Plausibly Indicated Causation
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On Wednesday, June 19, 2019, the New York State Legislature passed changes to state law regarding employment discrimination in general and sexual harassment in particular. In sum, the law (A8421 / S6577; version showing deletions/additions here), among other things: Provides increased protections for protected classes and special protections for employees who have been sexually harassed;…

Read More Legislature Passes Sweeping Amendments to NYS Human Rights Law
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In Reilly v. First Niagara Bank, N.A., 2019 NY Slip Op 04974 (App. Div. 2nd Dept. June 19, 2019), the court affirmed the dismissal – for failure to state a claim under CPLR 3211(a)(7) – of plaintiff’s sex-based discrimination and hostile work environment claims under the New York State Human Rights Law, Executive Law §…

Read More Sex Discrimination, Hostile Work Environment Dismissal Affirmed
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In Olivier v. County of Rockland et al, No. 15-CV-8337 (KMK), 2019 WL 2502349 (SDNY June 17, 2019), the court held that plaintiff presented sufficient evidence to overcome defendants’ motion for summary judgment. The court explained the legal standard applicable to the third (“pretext”) step of the three-step burden-shifting framework applicable to Title VII retaliation…

Read More Retaliation Claim Survives Summary Judgment; Court Cites (e.g.) Weaknesses and Inconsistencies in Defendants’ Proffered Non-Retaliatory Reasons
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In Kubersky v. Cameron Indus., Inc., 2019 NY Slip Op 04882 (App. Div. 1st Dept. June 18, 2019), a retaliation case brought under New York Labor Law 215, the court affirmed the denial of defendants’ summary judgment motion on the ground that plaintiff did not provide timely notice to the Attorney General of her action.…

Read More Wage Retaliation Statute’s Attorney General Notice Provision Was Not a Condition Precedent to Suit, First Department Holds
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A recent decision, Rodriguez v. Gikher, 2019 WL 2433596, at *2 (S.D.N.Y. June 11, 2019), provides an outline of the elements of a disability discrimination claim under the Americans with Disabilities Act (ADA), as well as what must be alleged to properly plead such a claim. The court explains: The ADA prohibits discrimination against a…

Read More “Barebones” ADA Disability Discrimination Complaint
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In Desouza v. Office of Children and Family Services, 2019 WL 2477796 (E.D.N.Y. June 12, 2019), the court clarified differences between/among the various theories available to a plaintiff in a gender discrimination/sexual harassment case. It explained (paragraphing altered): Though claims challenging disparate treatment, quid pro quo sexual harassment, and hostile work environment are all claims of…

Read More Court Clarifies Difference Between “Hostile Work Environment” and “Disparate Treatment” Gender Discrimination Claims; Absence of “Adverse Employment Action” Results in Dismissal
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The noose is one of the most stark symbols of racism, conjuring up the ugly specter of one of the darkest (and, apparently, continuing) chapters of American history. In a recently-filed lawsuit in the U.S. District Court for the District of South Carolina, captioned Curtis Anthony v. The Boeing Company, 2:19-cv-01656-DCN-BM, the plaintiff alleges, among…

Read More Race Discrimination Lawsuit Against Boeing Includes Allegation Involving Noose
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