In Price v. TuneCore, Inc., 2020 NY Slip Op 02284 (App. Div. 1st Dept. April 16, 2020), the court affirmed the dismissal of plaintiff’s (defendant’s former CEO) employment-based claims. As to plaintiff’s claim regarding his status as the “highest paid employee”, the court explained: The employment agreement did not give plaintiff the unfettered right to…
Read More “Highest Paid Employee”, Vacation Pay Claims DismissedIn Shojae v. Harlem Hospital Center et al, 2020 WL 1862293 (S.D.N.Y. April 14, 2020), the court held that the filing of a charge of discrimination with the United States Equal Employment Opportunity Commission (EEOC) tolls the statute of limitations under the New York State and City Human Rights Laws. In this employment discrimination case,…
Read More Filing of EEOC Charge Tolls Statute of Limitations Under NYS and NYC Human Rights Laws, Court HoldsIn Simmons v. Trans Express, Inc., 19-438 (2d Cir. April 13, 2020), the U.S. Court of Appeals for the Second Circuit posed the following Certified Question to the New York Court of Appeals: Under New York City Civil Court Act § 1808, what issue preclusion, claim preclusion, and/or res judicata effects, if any, does a…
Read More 2d Circuit Poses Certified Question to NY Court of Appeals re Preclusive Effect of Small Claims Court Wage DeterminationIn Amaro v. Northwell Health, Inc., No. 513525/2019, 2020 WL 1275597 (N.Y. Sup. Kings County March 9, 2020), the court dismissed plaintiff’s claim of employment discrimination (based on sexual orientation) asserted under Nassau County Local Law 7-2004 Title C-2 § 21-9.8, on the ground that that statute does not provide a private right of action.…
Read More Nassau County Discrimination Law Does Not Provide a Private Right of Action, Court HoldsThe U.S. Equal Employment Opportunity Commission (EEOC), which enforces various federal anti-discrimination laws (including Title VII of the Civil Rights Act of 1964) has recently reaffirmed its commitment to addressing and remedying discrimination arising from or relating to the COVID-19 situation. From the EEOC chair: Crises like the COVID-19 pandemic can bring out the best…
Read More EEOC on COVID19-Based Race and National Origin DiscriminationIn Stathatos v. William Gottlieb Management, 18-cv-03332, 2020 WL 1694366 (E.D.N.Y. April 6, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s complaint alleging religion-based discrimination asserted under Title VII of the Civil Rights Act of 1964. Initially, the court held that plaintiff’s claim was subject to dismissal based on grounds of untimeliness…
Read More Religious Discrimination Claim Dismissed; No Link Between Allegedly False Charge of Viewing Pornography and Plaintiff’s ReligionA recent decision, Barney v. H.E.L.P. Homeless Service Corporation, 2020 WL 1699984 (SDNY April 8, 2020), illustrates the “extraordinary circumstances” justifying a delay in filing a federal discrimination lawsuit under Title VII of the Civil Rights Act of 1964 on the grounds of “equitable tolling.” Plaintiff asserted claims of sexual orientation-based discrimination and retaliation, and…
Read More Stabbing Justified “Equitable Tolling” of 90-Day EEOC Deadline in Discrimination Case, Court HoldsIn Babb v. Wilkie, 2020 WL 1668281 (U.S. April 6, 2020), the U.S. Supreme Court interpreted the federal-sector provision of the Age Discrimination in Employment Act of 1967 (ADEA), 88 Stat. 74, 29 U.S.C. § 633a(a). That section provides, in relevant part: “All personnel actions affecting employees or applicants for employment who are at least…
Read More SCOTUS Interprets the ADEA’s Federal-Sector ProvisionIn Jian Hua Li v. Chang Lung Group Inc., 2020 WL 1694356 (E.D.N.Y. April 7, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claims asserted under the New York State and City Human Rights Laws. As to plaintiff’s state law claim, the court explained: Plaintiff’s hostile work environment claim under the NYSHRL fails.…
Read More Hostile Work Environment Claim, Based on Chinese-American Status, DismissedIn Kuti v. Sera Sec. Servs., 2020 NY Slip Op 02153 (App. Div. 1st Dept. April 2, 2020), the Appellate Division, First Department affirmed the denial of defendant security company’s motion for summary judgment. Plaintiff here is a nurse who was injured when she was attacked by a patient at the healthcare facility where she…
Read More Attacked Nurse’s Negligence Suit Against Security Company Continues