June 2021

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In Argoti v. Equinox Holdings, Inc., No. 152903/2019, 2021 WL 2480058 (N.Y. Sup Ct, New York County June 17, 2021) – an employment discrimination / hostile work environment case –  the court, inter alia, denied defendants’ motion to compel information regarding plaintiff’s medical treatment, which they contend was relevant to plaintiff’s claim for emotional distress…

Read More Hostile Work Environment Plaintiff May Refrain, For Now, From Producing Medical Discovery Relating to Emotional Distress Damages
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On June 17, 2021, President Joe Biden signed the Juneteenth National Independence Day Act into law. Specifically, the Act amends Section 6103(a) of Title 5 of the United States Code, by inserting after the item relating to Memorial Day the following: “Juneteenth National Independence Day, June 19.” Celebrated by African Americans yearly since the Civil War…

Read More Juneteenth Is Now a Federal Holiday
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In Cano v. Cherry Lawn Farms, Inc. et al, No. 19-9469, 2021 WL 2481489 (S.D.N.Y. June 17, 2021), the court denied (without prejudice) the parties’ application to approve, in accordance with Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), a settlement agreement resolving plaintiff’s claims for unpaid wages in violation of…

Read More FLSA Settlement Disapproved, Based on One Provision Regarding Additional Claims
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In Edo v. Antika Pizzeria Astoria, Inc., 2021 WL 2451661 (2d Cir. June 16, 2021) (Summary Order), the court affirmed the lower court’s dismissal of plaintiff’s employment discrimination claims asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. In this case, the court discussed and applied…

Read More Employment Discrimination Claims, Filed 114 Days After Receiving EEOC Right-to-Sue-Letter, Dismissed as Untimely; “Equitable Tolling” Held Inapplicable
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In Jimenez v. 64th St. Auto Parts Inc., No. 153409/2020, 2021 WL 2416508 (N.Y. Sup Ct, New York County June 11, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of race and national origin discrimination, hostile work environment, and retaliation under the New York State and City Human Rights Laws. In…

Read More Race and National Origin Discrimination Claims Sufficiently Alleged Against 64th St. Auto Parts
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In a recent decision, captioned Roenick v. Sam Flood et al, No. 20-cv-7213, 2021 WL 2355108 (SDNY June 9, 2021), the court dismissed claim of gender and sexual orientation discrimination asserted by former professional hockey player Jeremy Roenick. The court summarized the pertinent allegations as follows: The key events at issue here began when Roenick…

Read More Court Dismisses Jeremy Roenick’s Sex and Sexual Orientation Discrimination Claims Arising From Termination Following Co-Worker Threesome Joke
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In Wright v. Compass Group USA, No. 516793/2018, 2021 WL 2354877 (N.Y. Sup Ct, Kings County June 08, 2021), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s sexual harassment (hostile work environment) claims asserted under the New York State and City Human Rights Laws (NYSHRL and NYCHRL, respectively). The court summarized…

Read More Sexual Harassment / Hostile Work Environment Claim Survives Summary Judgment Against Compass Group USA
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New York’s general “whistleblower” statute – New York Labor Law 740 – is, in its current form – extremely narrow. However, recent amendments to the statute have passed the Assembly and Senate to broaden its terms. The proposed amendments include (THESE WORDS added; [bracketed words] deleted): 2. Prohibitions. An employer shall not take any retaliatory…

Read More Proposed Amendments to New York’s Whistleblower Law Pass Senate and Assembly
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In EEOC v. Konos, Inc., Case No. 1:20-CV-973 (W.D. Mich. June 3, 2021), the court denied the defendant’s motion to dismiss plaintiff U.S. Equal Employment Opportunity Commission (EEOC)’s sexual harassment lawsuit brought on behalf of a worker, an egg inspector, who alleged that she suffered sexual harassment. The court summarized the facts as follows (as…

Read More Michigan Federal Court Denies Defendant’s Motion to Dismiss EEOC’s Title VII Hostile Work Environment Sexual Harassment Claim
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The U.S. Equal Employment Opportunity Commission (EEOC) recently issued updated guidance and information concerning the rights of employees concerning the COVID vaccine. It provides, inter alia (under the heading “K. Vaccinations”): K.1. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be…

Read More EEOC Issues Updated Guidance on COVID Vaccine Requirements
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