On March 20, 2020, Governor Cuomo issued Executive Order No. 202.8, titled “Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency.” This Order affects various New York laws, including the Civil Practice Law and Rules, the Vehicle and Traffic Law, and the Business Corporation Law. It imposes the following changes to various…
Read More NYS Executive Order 202.8 Extends Statutes of Limitation Etc.In Montgomery v. New York City Transit Authority, 2020 WL 1313184 (2d Cir. March 18, 2020) (Summary Order), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s employment discrimination claims under Title VII of the Civil Rights Act of 1964 and the New York State and City Human Rights Laws.…
Read More 2d Circuit Affirms Dismissal of Plaintiff’s Discrimination Claims Against the NYC Transit Authority; Rejects “Coded Language” TheoryIn Kiraka v. M&T Bank, 2020 WL 1285632 (N.D.N.Y. March 18, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. After summarizing the black-letter law regarding such claims, the court explained: [Plaintiff] fails to state a plausible claim under Title VII. ……
Read More Hostile Work Environment Claim Dismissed; Allegations, Including Mocking of Accent, Held InsufficientIn Eyuboglu v. Gravity Media, LLC, 2020 WL 1280675 (2d Cir. March 17, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s employment discrimination claims under Title VII of the Civil Rights Act of 1964. The court based its decision, in part, on the so-called “stray marks” doctrine: “While discriminatory remarks may constitute evidence of…
Read More Citing “Stray Remarks” Doctrine, 2d Circuit Affirms Dismissal of Employment Discrimination ClaimsThe New York State Legislature and Governor Cuomo have reached an agreement on legislation that would provide emergency paid sick time in response to the coronavirus / COVID-19 (available immediately) and permanent statewide paid sick time rights (beginning January 2021). The details of the legislation are summarized in a fact sheet issued by A Better…
Read More NY Paid Sick Leave Agreement Reached in Light of Coronavirus / COVID-19A recent decision, Brouillard v Sunrun, Inc., No. 518516-2019, 2020 WL 998990, 2020 N.Y. Slip Op. 30663(U) (N.Y. Sup Ct, Kings County Feb. 26, 2020), illustrates the difference between the New York State Human Rights Law and the comparatively broader New York City Human Rights Law – here, specifically, in the context of a claim…
Read More Disability Discrimination Claim Arising From Medical Marijuana User Status Sufficiently Alleged Under City, But Not State, LawA recent decision, Ellis v. New York City Department of Education, 2020 WL 1166056 (S.D.N.Y. March 11, 2020), illustrates that in order to properly plead a hostile work environment claim under Title VII of the Civil Rights Act of 1964, merely invoking the words “abuse” and “hostile” to describe one’s work situation is not enough.…
Read More Hostile Work Environment Claim Insufficiently Alleged Against NYC Department of Education, Court HoldsIn Wang v. Air China Limited and LB Oceanfront Corp., 17-CV-6662, 2020 WL 1140458 (E.D.N.Y. March 9, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s federal and state law retaliation claims (asserted, respectively, under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights…
Read More Retaliation Claim Survives Summary JudgmentIn Morales v. City of New York, New York Presbyterian Hospital, Columbia University Medical Center et al, 2020 WL 1150136 (S.D.N.Y. March 10, 2020), the court, inter alia, adopted a Magistrate Judge’s Report and Recommendation that defendants’ motions to dismiss plaintiff’s aiding and abetting discrimination and hostile work environment sexual harassment and retaliation. This case…
Read More Hostile Work Environment Sexual Harassment and Retaliation Claims Survive DismissalIn Wang v. Air China Limited and LB Oceanfront Corp., 17-CV-6662, 2020 WL 1140458 (E.D.N.Y. March 9, 2020), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment claim. From the decision: After assessing the totality of the alleged conduct, the relevant factors, and the Second Circuit’s caution against “setting the…
Read More Sexual Harassment Claim Survives Summary Judgment